David Radi et al v. FCA US LLC et al
| Yamira Collazo, Curline Registe and David Radi |
| Kia Motors America Inc, Hyundai Motor America, Toyota Motor Corporation, ZF TRW Automotive Holdings Corp, FCA U.S., LLC and Toyota Motor Sales U.S.A., Inc. |
| 2:2019cv06900 |
| August 8, 2019 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Frederick F Mumm |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.
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Filing 48
MINUTE ORDER IN CHAMBERS by Judge John A. Kronstadt: The Court orders this case to be transferred to MDL No. 2905: In Re: ZF-TRW Airbag Control Units Products Liability Litigation. Counsel shall refrain from filing any further pleadings or documents in this case as of the date of this Order. All documents shall be filed in MDL No. 2905. Counsel shall refer to the docket of MDL. No. 2905 to obtain the Order with respect to how all documents are to be filed. The Clerk is directed to close this case and transfer the names of all parties and their respective counsel to MDL No. 2905. (cbr)
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| Filing 47 Letter to Counsel regarding MDL Transfer-In. (lh) |
| Filing 44 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Eastern |
| Filing 46 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Frederick F. Mumm. (lh) |
| Filing 45 Copy of Transfer Order received from the Judicial Panel on Multidistrict Litigation. Transfer order filed by MDL panel on 8/07/2019 regarding transfer of Case No. 1:19-cv-02769-FB-LB from U.S. District Court Eastern Distric of New York (Brooklyn). Case assigned to Judge John A. Kronstadt for the purpose of pretrial proceedings. Case consolidated with 2:19-ml-02905-JAK (FFMx). (lh) |
| Filing 43 CERTIFIED JPMDL Transfer Order, IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Central District of California are transferred to the Central District of California, and, with the consent of that court, assigned to the Honorable John A. Kronstadt for coordinated or consolidated pretrial proceedings. (Lee, Tiffeny) [Transferred from New York Eastern on 8/12/2019.] |
| Case transferred to District of California, Central. Original file, certified copy of transfer order, and docket sheet sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 42 JPMDL Transfer Order, It is therfore ORDERED that the actions listed on Schedule A and pending outside the Central District of California are transferred to the Central District of California, and, with the consent of that court, assigned to the Honorable John A. Kronstadt for coordinated or consolidated pretrial proceedings. (Lee, Tiffeny) [Transferred from New York Eastern on 8/12/2019.] |
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Filing 41
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TOYOTA MOTOR SALES USA, INC. TO RESPOND TO PLAINTIFFS' COMPLAINT PENDING MDL MOTION, endorsed on doc.#40 . It is hereby Stipulated and Agreed, that Toyota's time to answer, move, or otherwise plead in response to Plaintiffs' Complaint shall be continued until after the JPML enters an order on consolidation, as follows: (a) In the event that the JPML denies consolidation or the proceedings before it are otherwise terminated; Toyota shall answer, move, or otherwise plead in response to Plaintiffs' Complaint within 45 days after the denial/termination; and Plaintiffs shall have 45 days after such filing to respond to any motion(s) that may be made by Toyota; and Toyota shall have 30 days after Plaintiffs' response to file any reply. In the event that the JPML grants consolidation, Toyota's time to answer, move, or otherwise plead in response to the Plaintiffs' Complaint, and the time for any briefing on related motions, shall be determined by the Transferee Court. SO ORDERED by Magistrate Judge Lois Bloom, on 7/12/2019. (See document for more details.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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| Filing 40 MOTION for Extension of Time to File Answer by Toyota Motor Sales U.S.A., Inc.. (Lyons, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 39 NOTICE of Hyundai Mobis Co., Ltd.'s Response to the Motion for Transfer and Coordination of Pretriai Proceedings Pursuant to 28 U.S.C. 1407 filed in In Re: ZF-TRW ACU DEFECT LITIGATION before the U.S. Judicial Panel on Multidistrict Litigation, MDL Docket No. 2905. (Ramesar, Thameera) [Transferred from New York Eastern on 8/12/2019.] |
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Filing 38
ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: The #32 motion of Matthew Tako for admission to practice pro hac vice in the above captioned action is granted. The admitted attorney, Matthew Tako, is permitted to appear as counsel for Defendants Hyundai Motor America, Inc. and Kia Motors America, Inc. in the above-captioned action. SO ORDERED by Magistrate Judge Lois Bloom, on 6/26/2019. (The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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Filing 37
ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: The #31 motion of Caroline Van Ness for admission to practice pro hac vice in the above captioned action is granted. The admitted attorney, Caroline Van Ness, is permitted to appear as counsel for Defendants Hyundai Motor America, Inc. and Kia Motors America, Inc. in the above-captioned action. SO ORDERED by Magistrate Judge Lois Bloom, on 6/26/2019. (The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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Filing 36
ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: The #30 motion of John H. Beisner for admission to practice pro hac vice in the above captioned action is granted. The admitted attorney, John H. Beisner, is permitted to appear as counsel for Defendants Hyundai Motor America, Inc. and Kia Motors America, Inc. in the above-captioned action. SO ORDERED by Magistrate Judge Lois Bloom, on 6/26/2019. (The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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Filing 35
STIPULATION AND ORDER for an Extension of Time for FCA US LLC to Respond to Complaint Pending MDL Motion, endorsed on doc.#29 . It is hereby Stipulated and Agreed, by and between Plaintiffs and FCA US, that FCA US's time to answer, move, or otherwise plead in response to Plaintiffs' Complaint shall be continued until after the JPML enters an order on consolidation. In the event that the JPML denies consolidation or the proceedings before it are otherwise terminated. FCA US shall answer, move, or otherwise plead in response to Plaintiffs' Complaint within 45 days after the denial/termination. Plaintiffs shall have 45 days after such filing to respond to any motion(s) that may be made by FCA US; FCA US shall have 30 days after Plaintiffs' response to file any reply. In the event that the JPML grants consolidation, FCA US's time to answer, move, or otherwise plead in response to Plaintiffs' Complaint, and the time for any briefing on related motions, shall be determined by the Transferee Court. SO ORDERED by Magistrate Judge Lois Bloom, on 6/26/2019. (See document for details.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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| Filing 34 AFFIDAVIT of Service for Order dated June 18, 2019 granting Toyota Motor Sales, Inc.'s request for an extension of time to respond to Plaintiff's complaint served on Attorneys for Defendants Toyota Motor Sales, Toyota Motor Corp., Hyundai Motors America, ZF-TRW Automotive Holdings Corp., FCA US LLC on June 21, 2019, filed by Yamira Collazo, David Radi, Curline Registe. (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 33 AFFIDAVIT of Service for May 21, 2019 Order granting ZF TRW's extension of time to respond to Plaintiff's complaint served on Attorneys for Defendants Toyota Motor Sales, Toyota Motor Corp., Hyundai Motors America, ZF-TRW Automotive Holdings Corp., FCA US LLC on June 21, 2019, filed by Yamira Collazo, David Radi, Curline Registe. (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 32 MOTION to Appear Pro Hac Vice of Matthew Tako Filing fee $ 150, receipt number ANYEDC-11609213. by Hyundai Motor America, Kia Motors America, Inc.. (Attachments: #1 Declaration of Matthew Tako, #2 Certificate of Good Standing, #3 Order for Admission Pro Hac Vice) (Tako, Matthew) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 31 MOTION to Appear Pro Hac Vice of Caroline Van Ness Filing fee $ 150, receipt number ANYEDC-11609212. by Hyundai Motor America, Kia Motors America, Inc.. (Attachments: #1 Declaration of Caroline Van Ness, #2 Certificate of Good Standing, #3 Order for Admission Pro Hac Vice) (Van Ness, Caroline) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 30 MOTION to Appear Pro Hac Vice of John H. Beisner Filing fee $ 150, receipt number ANYEDC-11609209. by Hyundai Motor America, Kia Motors America, Inc.. (Attachments: #1 Declaration of John H. Beisner, #2 Certificates of Good Standing, #3 Order for Admission Pro Hac Vice) (Beisner, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 29 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, Stipulation for Extension of Time for FCA US LLC to Respond to Complaint Pending MDL Motion by FCA US LLC. (Coons, James) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 24 SUMMONS Returned Executed by Yamira Collazo, Curline Registe, David Radi. FCA US LLC served on 6/5/2019, answer due 6/26/2019. (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
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Filing 28
ORDER, granting #22 Motion for an Extension of Time to Answer. The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 6/20/2019. (FCA US LLC's answer due 7/31/2019.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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Filing 27
ORDER, endorsed on parties' #19 Stipulation For Extension Of Time For Hyundai Motor America, Inc. and Kia Motors America, Inc. To Respond To Complaint Pending MDL Motion. It is hereby Stipulated and Agreed, by and between the Plaintiffs, HMA, and KMA, by and through their undersigned counsel or counsel acting on their behalf, that HMA's and KMA's time to answer, move, or otherwise plead in response to Plaintiffs' Complaint shall be continued until after the Panel rules on the MDL Motion. SO ORDERED by Magistrate Judge Lois Bloom, on 6/20/2019. (See document for details.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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Filing 26
ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: The application is granted. The #16 motion of Lance A. Etcheverry for admission to practice pro hac vice in the above captioned action is granted. The admitted attorney, Lance A. Etcheverry, a member in good standing of the bar of California, is permitted to appear as counsel for defendants Hyundai Motor America, Inc. and Kia Motors America, Inc. in the above-captioned action. SO ORDERED by Magistrate Judge Lois Bloom, on 6/20/2019. (The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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Filing 25
ORDER, endorsed on parties' #11 Stipulation For Extension Of Time For ZF TRW Automotive Holdings Corp. To Respond To Complaint Pending MDL Motion. It is hereby Stipulated and Agreed, by and between the Plaintiffs and ZF TRW, by and through their undersigned counsel or counsel acting on their behalf, that ZF TRW's time to answer, move, or otherwise plead in response to Plaintiffs' Complaint shall be continued until after the Panel rules on the MDL Motion. SO ORDERED by Magistrate Judge Lois Bloom, on 6/20/2019. (See document for details.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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| Filing 23 Corporate Disclosure Statement by FCA US LLC identifying Corporate Parent Fiat Chrysler Automobiles N.V., Corporate Parent FCA North America Holdings LLC for FCA US LLC. (Attachments: #1 Certificate of Service) (Coons, James) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 22 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by FCA US LLC. (Coons, James) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 21 NOTICE of Appearance by James Simon Coons on behalf of FCA US LLC (aty to be noticed) (Coons, James) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 19 Consent MOTION for Extension of Time to File Stipulation For Extension Of Time For Hyundai Motor America, Inc. And Kia Motors America, Inc. To Respond To Complaint Pending MDL Motion by Hyundai Motor America, Kia Motors America, Inc.. (Etcheverry, Lance) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 18 Corporate Disclosure Statement by Kia Motors America, Inc. identifying Corporate Parent Kia Motors Corporation for Kia Motors America, Inc.. (Etcheverry, Lance) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 17 Corporate Disclosure Statement by Hyundai Motor America identifying Corporate Parent Hyundai Motor Company, Ltd. for Hyundai Motor America. (Etcheverry, Lance) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 16 MOTION to Appear Pro Hac Vice of Lance A. Etcheverry Filing fee $ 150, receipt number ANYEDC-11591337. by Hyundai Motor America, Kia Motors America, Inc.. (Attachments: #1 Declaration of Lance A. Etcheverry, #2 Good Standing Certificate, #3 Order For Admission Pro Hac Vice) (Etcheverry, Lance) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 15 SUMMONS Returned Executed by Yamira Collazo, Curline Registe, David Radi. ZF TRW Automotive Holdings Corp served on 6/6/2019, answer due 6/27/2019. (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 14 SUMMONS Returned Executed by Yamira Collazo, Curline Registe, David Radi. Toyota Motor Sales U.S.A., Inc. served on 6/5/2019, answer due 6/26/2019. (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 13 SUMMONS Returned Executed by Yamira Collazo, Curline Registe, David Radi. Kia Motors America, Inc. served on 6/3/2019, answer due 6/24/2019. (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 12 SUMMONS Returned Executed by Curline Registe, David Radi. Hyundai Motor America served on 6/3/2019, answer due 6/24/2019. (Attachments: #1 Affidavit Of service ZF TRW) (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
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Filing 20
ORDER: Defendant Toyota Motor Sales U.S.A. Inc. requests an extension of time to respond to plaintiffs' complaint. Plaintiffs consent to the extension and the #10 request is granted. Toyota Motor Sales U.S.A. Inc. shall respond to plaintiffs' complaint by 7/26/2019. Plaintiffs shall serve a copy of this Order on all remaining defendants and file proof of service forthwith. SO ORDERED by Magistrate Judge Lois Bloom, on 6/18/2019. (Toyota Motor Sales U.S.A., Inc.'s answer due 7/26/2019.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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| Filing 11 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, Stipulation for Extension of Time for ZF TRW Automotive Holdings Corp. to Respond to Complaint Pending MDL Motion by ZF TRW Automotive Holdings Corp. (Del Monaco, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 10 Letter MOTION for Extension of Time to File Answer by Toyota Motor Sales U.S.A., Inc.. (Lyons, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 9 Copy of Motion of Plaintiffs Mark D. Altier, William Baerresen, Eric Fishon, Dragan Jagnjic, Cynthia Sacchett, Jacqueline Santos- Silv A, Amanda Sw Anson, Gary E. Samo Uris and Nida Edith Samson for Centralization of Related Actions in the Central District of California, or in the Alternative, the Eastern District of Michigan, Pursuant to 28 U.s.c. 1407. Originally Filed Before the United States Judicial Panel on Multidistrict Litigation (Marziliano, August) [Transferred from New York Eastern on 8/12/2019.] |
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Filing 8
ORDER: Defendant ZF TRW Automotive Holdings Corp. ("ZF TRW") requests an extension of time to respond to plaintiffs' complaint. ZF TRW shall respond to plaintiffs' complaint by 7/1/2019. Plaintiffs shall serve a copy of this Order on all remaining defendants and file proof of service forthwith. SO ORDERED by Magistrate Judge Lois Bloom, on 5/21/2019. (ZF TRW Automotive Holdings Corp.'s answer due 5/21/2019.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 8/12/2019.]
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| Filing 7 Corporate Disclosure Statement by ZF TRW Automotive Holdings Corp identifying Corporate Parent ZF North America, Inc., Corporate Parent ZF Holdings B.V., Corporate Parent ZF Friedrichshafen AG for ZF TRW Automotive Holdings Corp. (Del Monaco, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by ZF TRW Automotive Holdings Corp. (Del Monaco, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 5 NOTICE of Appearance by John Paul Del Monaco on behalf of ZF TRW Automotive Holdings Corp (aty to be noticed) (Del Monaco, John) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 8/12/2019.] |
| Case assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 2 Summons Issued as to FCA US LLC, Hyundai Motor America, Kia Motors America, Inc., Toyota Motor Sales U.S.A., Inc., ZF TRW Automotive Holdings Corp. (Bowens, Priscilla) [Transferred from New York Eastern on 8/12/2019.] |
| Filing 1 COMPLAINT against FCA US LLC, Hyundai Motor America, Kia Motors America, Inc., Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc., ZF TRW Automotive Holdings Corp filing fee $ 400, receipt number ANYEDC-11468872 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Yamira Collazo, Curline Registe, David Radi. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons FCA USA LLC, #3 Proposed Summons Hyundai Motors, #4 Proposed Summons Kia Motors, #5 Proposed Summons Toyota Motors, #6 Proposed Summons ZF TRW) (Farnolo, Nicholas) [Transferred from New York Eastern on 8/12/2019.] |
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