Javier Lopez et al v. Kia America, Inc. et al
| Javier Lopez and Pablo Lopez |
| Kia America, Inc., Kia Motors America, Inc. and Does 1 through 10, inclusive |
| 5:2022cv00880 |
| May 26, 2022 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Shashi H Kewalramani |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 43
TRANSMITTAL of documents to RIVERSIDE COUNTY SUPERIOR COURT. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to RIVERSIDE COUNTY SUPERIOR COURT. No. RIC1905959. (lc)
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Filing 42
ORDER GRANTING PLAINTIFFS' MOTION TO REMAND #22 by Judge Fernando L. Aenlle-Rocha: Defendant fails to meet its burden to demonstrate by a preponderanceof the evidence that the amount in controversy exceeds the jurisdictional minimum for federal jurisdiction under the Magnuson-Moss Act. The court, therefore, REMANDS the action to the Riverside County Superior Court, Case No. RIC1905959. All dates and deadlines in this court are VACATED #18 . The clerk of the court shall close the action administratively. Case is Remanded to State Court Case Remanded to Superior Court, Case No. RIC1905959. (MD JS-6. Case Terminated). (lc)
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Filing 41
Joint Request Re: Submitted Matters Pursuant to Local Rule 83-9 filed by Defendant Kia America, Inc. re: NOTICE OF MOTION AND MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6), or in the alternative, for partial dismissal as to each cause of action individually #18 , NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #22 (Bokmuller, Tammara)
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Filing 40
Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Grace Dolin counsel for Plaintiffs Javier Lopez, Pablo Lopez. Christine Haw is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Javier Lopez and Pablo Lopez. (Dolin, Tionna)
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Filing 39
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Appearance or Withdrawal of Counsel (G-123), #36 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc)
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Filing 38
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #36 . The following error(s) was/were found: Docket text and document conflict; adding and terming the same attorney. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak)
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Filing 37
Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Grace Dolin counsel for Plaintiff Javier Lopez. Ariel Harman-Holmes is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Tionna Dolin. (Dolin, Tionna)
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Filing 36
Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Grace Dolin counsel for Plaintiffs Javier Lopez, Pablo Lopez. Adding Christine J. Haw as counsel of record for Javier Lopez, Pablo Lopez for the reason indicated in the G-123 Notice. Filed by Plaintiffs Javier Lopez, Pablo Lopez. (Dolin, Tionna)
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Filing 35
Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth A LaRocque counsel for Plaintiff Javier Lopez. Adding Elizabeth A. LaRocque as counsel of record for Javier Lopez for the reason indicated in the G-123 Notice. Filed by Plaintiff Javier Lopez. (Attorney Elizabeth A LaRocque added to party Javier Lopez(pty:pla))(LaRocque, Elizabeth)
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Filing 34
ORDER GRANTING JOINT STIPULATION TO CONTINUE TRIAL AND EXTEND DEADLINES #33 by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 1/19/2024 01:30 PM; Jury Trial set for 2/6/2024 08:30 AM ; Motion in Limine set for hearing on 1/19/2024 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 33
Joint STIPULATION to Continue Trial from July 18, 2023 to January 22, 2024 filed by Defendant Kia America, Inc.. (Attachments: #1 Proposed Order)(Hurvitz, Michael)
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Filing 32
Notice of Appearance or Withdrawal of Counsel: for attorney Nino Sanaia counsel for Plaintiffs Javier Lopez, Pablo Lopez. Adding Nino Sanaia as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Javier Lopez and Pablo Lopez. (Attorney Nino Sanaia added to party Javier Lopez(pty:pla), Attorney Nino Sanaia added to party Pablo Lopez(pty:pla))(Sanaia, Nino)
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Filing 31
Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiffs Javier Lopez, Pablo Lopez. Adding Ariel Harman-Holmes as counsel of record for Javier Lopez and Pablo Lopez for the reason indicated in the G-123 Notice. Filed by Plaintiffs Javier Lopez and Pablo Lopez. (Attorney Ariel Harman-Holmes added to party Javier Lopez(pty:pla), Attorney Ariel Harman-Holmes added to party Pablo Lopez(pty:pla))(Harman-Holmes, Ariel)
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Filing 30
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6), or in the alternative, for partial dismissal as to each cause of action individually #18 filed by Plaintiffs Javier Lopez, Pablo Lopez. (Law, Daniel)
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Filing 29
TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFF JAVIER LOPEZ, PABLO LOPEZ' MOTION TO REMAND CASE TO RIVERSIDE SUPERIOR COURT (DKT. #22 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that Motion to Remand Case to Riverside Superior Court currently scheduled for hearing on August 26, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 28
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #22 Supplemental filed by Plaintiffs Javier Lopez, Pablo Lopez. (Law, Daniel)
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Filing 27
REPLY In Support Of NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #22 filed by Plaintiffs Javier Lopez, Pablo Lopez. (Attachments: #1 Declaration Supplemental Declaration of Daniel Law In Support of Remand)(Law, Daniel)
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Filing 26
Opposition Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #22 filed by Defendant Kia America, Inc.. (Menchavez, Edmond)
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Filing 25
(IN CHAMBERS) ORDER TAKING DEFENDANT KIA AMERICA, INC.'S MOTION TO DISMISS (DKT. #18 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss currently scheduled for hearing on August 12, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 24
REPLY In Support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6), or in the alternative, for partial dismissal as to each cause of action individually #18 filed by Defendant Kia America, Inc.. (Menchavez, Edmond)
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Filing 23
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #22 filed by Plaintiffs Javier Lopez, Pablo Lopez. (Law, Daniel)
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Filing 22
NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court filed by Plaintiff Javier Lopez, Pablo Lopez. Motion set for hearing on 8/26/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Points and Authorities in Support of Motion to Remand, #2 Declaration Declaration of Daniel Law In Support of Remand, #3 Proposed Order Proposed Order Granting Remand) (Law, Daniel)
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Filing 21
Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6), or in the alternative, for partial dismissal as to each cause of action individually #18 filed by Plaintiffs Javier Lopez, Pablo Lopez. (Dolin, Tionna)
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Filing 20
Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Dolin counsel for Plaintiffs Javier Lopez, Pablo Lopez. Adding Tionna Dolin as counsel of record for Javier Lopez and Pablo Lopez for the reason indicated in the G-123 Notice. Filed by Plaintiffs Javier Lopez and Pablo Lopez. (Attorney Tionna Dolin added to party Javier Lopez(pty:pla), Attorney Tionna Dolin added to party Pablo Lopez(pty:pla))(Dolin, Tionna)
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Filing 19
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6), or in the alternative, for partial dismissal as to each cause of action individually #18 filed by Defendant Kia America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Menchavez, Edmond)
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Filing 18
NOTICE OF MOTION AND MOTION to Dismiss under Fed. R. Civ. P. 12(b)(6), or in the alternative, for partial dismissal as to each cause of action individually filed by Defendant Kia America, Inc.. Motion set for hearing on 8/12/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Menchavez, Edmond)
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Filing 17
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 6/30/2023 01:00 PM ; Jury Trial set for 7/18/2023 08:30 AM ; Motion set for hearing on 6/30/2023 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 16
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 05/26/2023. (hc)
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Filing 15
(IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha: On the courts own motion, the Scheduling Conference currently set for hearing on July 22, 2022 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 14
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Plaintiffs Javier Lopez, Pablo Lopez.. (Attachments: #1 Exhibit Pretrial and Trial Dates Worksheet)(Law, Daniel)
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Filing 13
ORDER DENYING JOINT STIPULATION TO CONTINUE JULY 15, 2022 SCHEDULING CONFERENCE AND CONTINUING THE SCHEDULING ON THE COURTS OWN MOTION #11 by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, CONTINUES the Scheduling Conference to July 22, 2022 at 1:00 p.m. The Parties' Joint Rule 26 (f) Report shall be filed no later than July 8, 2022. (lc)
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Filing 12
Notice of Appearance or Withdrawal of Counsel: for attorney Edmond Zepeda Menchavez, II counsel for Defendant Kia America, Inc.. Adding Edmond Z. Menchavez as counsel of record for Kia America, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Kia America, Inc.. (Menchavez, Edmond)
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Filing 11
Joint STIPULATION to Continue Initial Scheduling Conference from July 15, 2022 to At least 45 days Re: Initial Order Setting R26 Scheduling Conference - form only #8 filed by Plaintiffs Javier Lopez, Pablo Lopez. (Attachments: #1 Declaration Declaration of Daniel Law ISO Joint Stipulation, #2 Proposed Order Proposed Order Granting Joint Stipulation)(Law, Daniel)
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Filing 10
(IN CHAMBERS) ORDER STRIKING STIPULATION (DKT. #9 ) by Judge Fernando L. Aenlle-Rocha: The court STRIKES the parties Joint Stipulation to Continue Scheduling Conference for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. Failure to comply with all applicable statutes and Local Rules in any renewed stipulation, including Local Rule 5-4.3.4, may result in the denial of the stipulation with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 9
(STRICKEN ON JUNE 22, 2022 PER CM/ECF NO. 10) Joint STIPULATION to Continue Scheduling Conference from July 15, 2022 Re: Initial Order Setting R26 Scheduling Conference - form only #8 filed by Plaintiffs Javier Lopez, Pablo Lopez. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue July 15, 2022 Scheduling Conference, #2 Declaration of Daniel Law in Support of Joint Stipulation to Continue July 15, 2022 Scheduling Conference)(Attorney Daniel A Law added to party Javier Lopez(pty:pla), Attorney Daniel A Law added to party Pablo Lopez(pty:pla))(Law, Daniel) Modified on 6/22/2022 (tf).
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 7/15/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (dr)
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Filing 7
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (dr)
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Filing 6
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 4
NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Fernando L. Aenlle-Rocha. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-00880 FLA (SHKx). (lh)
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CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Does, Kia America, Inc. amending Complaint, filed by Plaintiffs Javier Lopez, Pablo Lopez (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 1/14/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh)
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CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Kia America, Inc..Jury Demanded, filed by Plaintiffs Javier Lopez, Pablo Lopez. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 9/20/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
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CONFORMED FILED COPY OF SECOND AMENDED COMPLAINT against Defendants Does, Kia America, Inc. amending Amended First Amended Complaint,, filed by Plaintiffs Javier Lopez, Pablo Lopez (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 10/21/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh)
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CONFORMED FILED COPY OF AMENDED ANSWER to Second Amended Complaint, filed by Defendant Kia America, Inc. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 2/09/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
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CONFORMED FILED COPY OF ANSWER to Second Amended Complaint, filed by Defendant Kia America, Inc. (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 3/3/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh)
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CONFORMED FILED COPY OF THIRD AMENDED COMPLAINT against Defendants Does, Kia America, Inc. amending Second Amended Complaint,, filed by Plaintiffs Javier Lopez, Pablo Lopez (FILED IN RIVERSIDE COUNTY SUPERIOR COURT ON 5/12/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh)
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Filing 3
NOTICE of Interested Parties filed by Defendant Kia America, Inc., identifying Kia Corporation ("KC"); Hyundai Motor Company ("HMC"). (Hurvitz, Michael)
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Filing 2
CIVIL COVER SHEET filed by Defendant Kia America, Inc.. (Hurvitz, Michael)
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Filing 1
NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1905959 Receipt No: BCACDC-33371140 - Fee: $402, filed by Defendant Kia America, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD, #31 Exhibit Exhibit EE, #32 Exhibit Exhibit FF, #33 Exhibit Exhibit GG, #34 Exhibit Exhibit HH, #35 Exhibit Exhibit I I, #36 Exhibit Exhibit JJ, #37 Exhibit Exhibit KK, #38 Exhibit Exhibit LL, #39 Exhibit Exhibit MM, #40 Exhibit Exhibit NN, #41 Exhibit Exhibit OO, #42 Exhibit Exhibit PP, #43 Exhibit Exhibit QQ, #44 Exhibit Exhibit RR, #45 Exhibit Exhibit SS, #46 Exhibit Exhibit TT, #47 Exhibit Exhibit UU, #48 Exhibit Exhibit VV, #49 Exhibit Exhibit W W, #50 Exhibit Exhibit XX, #51 Exhibit Exhibit YY, #52 Exhibit Exhibit ZZ, #53 Exhibit Exhibit AAA, #54 Exhibit Exhibit BBB, #55 Exhibit Exhibit CCC, #56 Exhibit Exhibit DDD, #57 Exhibit Exhibit EEE, #58 Exhibit Exhibit FFF, #59 Exhibit Exhibit GGG, #60 Exhibit Exhibit HHH, #61 Exhibit Exhibit III, #62 Exhibit Exhibit JJJ, #63 Exhibit Exhibit KKK, #64 Exhibit Exhibit LLL, #65 Exhibit Exhibit MMM, #66 Exhibit Exhibit NNN, #67 Exhibit Exhibit OOO, #68 Exhibit Exhibit PPP, #69 Exhibit Exhibit QQQ, #70 Exhibit Exhibit RRR, #71 Exhibit Exhibit SSS, #72 Exhibit Exhibit TTT, #73 Exhibit Exhibit UUU, #74 Exhibit Exhibit V V V, #75 Exhibit Exhibit W W W, #76 Exhibit Exhibit XXX, #77 Exhibit Exhibit YYY, #78 Exhibit Exhibit ZZZ, #79 Exhibit Exhibit A4, #80 Exhibit Exhibit B4, #81 Exhibit Exhibit C4, #82 Exhibit Exhibit D4, #83 Exhibit Exhibit E4, #84 Exhibit Exhibit F4, #85 Exhibit Exhibit G4, #86 Exhibit Exhibit H4, #87 Exhibit Exhibit I4, #88 Exhibit Exhibit J4, #89 Exhibit Exhibit K4, #90 Exhibit Exhibit L4, #91 Exhibit Exhibit M4, #92 Exhibit Exhibit N4, #93 Exhibit Exhibit O4, #94 Exhibit Exhibit P4, #95 Exhibit Exhibit Q4, #96 Exhibit Exhibit R4, #97 Exhibit Exhibit S4, #98 Exhibit Exhibit T4, #99 Exhibit Exhibit U4, #100 Exhibit Exhibit V4, #101 Exhibit Exhibit W4, #102 Exhibit Exhibit X4, #103 Exhibit Exhibit Y4, #104 Exhibit Exhibit Z4, #105 Exhibit Exhibit A5, #106 Exhibit Exhibit B5, #107 Exhibit Exhibit C6, #108 Exhibit Exhibit D5, #109 Exhibit Exhibit E5, #110 Exhibit Exhibit F5, #111 Exhibit Exhibit G5, #112 Exhibit Exhibit H5, #113 Exhibit Exhibit I 5, #114 Exhibit Exhibit J5, #115 Declaration Declaration of M. Hurvitz ISO Removal, #116 Exhibit Exhibit A ISO Declaration of M. Hurvitz ISO Removal, #117 Exhibit Exhibit B Declaration of M. Hurvitz ISO Removal) (Attorney Michael J Hurvitz added to party Kia America, Inc. (pty:dft))(Hurvitz, Michael)
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