MICHAEL CHIECO et al v. KIA MOTORS AMERICA INC. et al
| Thomas Smith, KRISTOPHER KODYS, JULIE MOZINGO, TERRI SACKOS, DONNA HUNBERG, TINA CHALKIAS, SHERYL FRANK, KEVIN STOUTE, KIMBERLE ZIMMERMAN, JOHN MAU, YOREL PRUITT, MARYBETH DIAMOND, JENNIFER EVERERETT, JOSHUA KEENER, MICHAEL CHIECO, DANIEL REILLEY, Barbara Myers, KRISTEN MULLEN, DAVID MCLENDON, NICOLAS SERULO, TUKKATA COTHRAN, MAT CONGER, ROBERT BURY, KEN FERNER, SHAUNA STEVENS, SCOTT STRUBLE, ARLANA MOBLEY, LETITIA REESE HANDLER, APRIL ACHORD, Sarah Johnson, Michael Davis, CHARLES KORGER, JR. and LOREN SABINI |
| Hyundai Motor Company, Hyundai Motor America, Kia Motors America Inc and XYZ Corp |
| 8:2019cv00854 |
| May 7, 2019 |
| US District Court for the Central District of California |
| John D Early |
| Andrew J Guilford |
| Autumn D Spaeth |
| Josephine L Staton |
| Prop. Damage Prod. Liability |
| 15 U.S.C. § 2301 |
| Plaintiff |
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| Filing 40 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg) |
Filing 39
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:17-cv-00838 JLS(JDEx). Case transferred from Judge Andrew J. Guilford and Magistrate Judge Autumn D. Spaeth to Judge Josephine L. Staton and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:19-cv-00854 JLS(JDEx). Signed by Judge Josephine L. Staton (rn)
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| Filing 38 RESPONSE filed by Plaintiffs APRIL ACHORD, et al (es) |
| Filing 37 NOTICE of Related Case(s) filed by Defendants Hyundai Motor America, Kia Motors America Inc. Related Case(s): 8:17-cv-00838-JLS-JDE (Morgan, Shon) |
| Filing 36 STATEMENT in response to Plaintiffs Response re: Order to Show Cause,, #35 . (Morgan, Shon) |
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Filing 35
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Andrew J. Guilford: The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than May 30, 2019, why this action should not be dismissed for lack of prosecution. As an alternative to a written response by plaintiffs, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's Request for Entry of Default OR Answer. Notice of Voluntary Dismissal (FRCivP 41). (es)
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| Filing 34 RESPONSE filed by Pro Hac Vice attorney Jaclyn Marie Palmerson on behalf of Defendant Kia Motors America Inc. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #29 , Notice of Appearance, #32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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) |
| Filing 32 NOTICE of Appearance filed by attorney Tina T. Lo on behalf of Defendants Hyundai Motor America, Kia Motors America Inc (Attorney Tina T. Lo added to party Hyundai Motor America(pty:dft), Attorney Tina T. Lo added to party Kia Motors America Inc(pty:dft))(Lo, Tina) |
| Filing 31 Certificate and NOTICE of Interested Parties filed by Defendant Kia Motors America Inc, identifying Kia Motors Corporation and Hyundai Motor Company. (Morgan, Shon) |
| Filing 30 Certificate and NOTICE of Interested Parties filed by Defendant Hyundai Motor America, identifying Hyundai Motor Company. (Morgan, Shon) |
| Filing 29 NOTICE of Appearance filed by attorney Shon Morgan on behalf of Defendants Hyundai Motor America, Kia Motors America Inc (Attorney Shon Morgan added to party Hyundai Motor America(pty:dft), Attorney Shon Morgan added to party Kia Motors America Inc(pty:dft))(Morgan, Shon) |
| Filing 28 RESPONSE filed by Pro Hac Vice attorney Shmuel B Klein on behalf of Plaintiffs. RE: Notice of Filing Fee Due. PHV fee N/A.This case was transferred to this district by the Judicial Panel on Multidistrict Litigation (JPML) pursuant to 28 U.S.C. 1407from the District of, where it was assigned case number.I am counsel of record in this case in the transferee district, and I am permitted by the rules of the JPML to continue torepresent my client in this district without applying for admission to practice pro hac vice and without the appointment oflocal counsel (ak) |
| Filing 27 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jaclyn Marie Palmerson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 26 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Shmuel B Klein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (ghap) |
| Filing 25 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 24 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Autumn D. Spaeth. (ghap) |
| Filing 23 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:18-cv-16215-MAS-DEA, from District of New Jersey (Trenton). The above-referenced case has been transferred to this district and assigned the above civil case number 8:19-cv-854-AG-(ADSx). (ghap) |
| Filing 22 ORIGINAL file, certified copy of transfer order and docket sheet received from New Jersey |
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Filing 21
STIPULATION AND ORDER for Transfer to the Central District of California. Signed by Judge Michael A. Shipp on 5/03/2019. (jem) [Transferred from New Jersey on 5/9/2019.]
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| Filing 20 STIPULATION and [Proposed] Order for Transfer to the Central District of California by HYUNDAI MOTOR AMERICA, KIA MOTORS AMERICA INC.. (PALMERSON, JACLYN) [Transferred from New Jersey on 5/9/2019.] |
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Filing 19
STIPULATION AND ORDER that Plaintiff may have an extension up to and including 5/7/2019 to file its joint status update to the Court. Signed by Magistrate Judge Douglas E. Arpert on 4/24/2019. (mmh) [Transferred from New Jersey on 5/9/2019.]
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| Filing 18 STIPULATION / Stipulation and [Proposed Order] for Application of Extension of Time to Submit Joint Status Update to the Court by HYUNDAI MOTOR AMERICA. (PALMERSON, JACLYN) [Transferred from New Jersey on 5/9/2019.] |
| Filing 17 Letter from Shmuel Klein counsel for Plaintiffs regarding consolidation. (KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - This message is in reference to the #16 Amended Complaint filed by Shmuel Klein on 3/29/2019. Please be advised that when filing a document that adds parties to the docket they should be added in UPPERCASE letters with no address information. The Clerk has modified the Plaintiffs in the matter and added XYZ CORP. to the docket. Additionally, please do not select the "All Plaintiffs" or "All Defendants" option when choosing who the document is against. For future reference, please select each party name on the party selection screen. (mmh) [Transferred from New Jersey on 5/9/2019.] |
| Filing 16 AMENDED COMPLAINT against All Defendants All Defendants., filed by TERRI SACKOS, KIMBERLE ZIMMERMAN, JOSHUA KEENER, DANIEL REILLEY, BARBARA MYERS, Arlana Mobley, Yorel Pruitt, David McLendon, Shauna Stevens, Scott Struble, Thomas Smith, Tina Chalkias, Tukkata Cothran, Letitia Reese Handler, Robert Bury, Kristopher Kodys, Marybeth Diamond, Sheryl Frank, Kevin Stoute, Michael Davis, Mat Conger, Loren Sabini, Nicolas Serulo, Charles Jr. Korger, Julie Mozingo, Kristen Mullen, John Mau, SARAH JOHNSON, Ken Ferner. (Attachments: #1 Certificate of Service)(KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
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Filing 15
STIPULATION AND ORDER that a response to the Plaintiffs' Complaint is due by 5/17/2019. Counsel must submit a joint status report to the Court by 4/30/2019. Signed by Magistrate Judge Douglas E. Arpert on 3/12/2019. (mmh) [Transferred from New Jersey on 5/9/2019.]
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| Filing 14 STIPULATION re #1 Complaint, Stipulation for Application of Extension of Time to Respond to the Complaint by HYUNDAI MOTOR AMERICA, KIA MOTORS AMERICA INC.. (PALMERSON, JACLYN) [Transferred from New Jersey on 5/9/2019.] |
| Clerk`s Text Order - The document #13 Application for Clerk's Order to Ext Answer/Proposed Order submitted by HYUNDAI MOTOR AMERICA has been GRANTED. The answer due date has been set for 3/12/2019. (mmh) [Transferred from New Jersey on 5/9/2019.] |
| Filing 13 Application and Proposed Order for Clerk's Order to extend time to answer as to Hyundai Motor America. Attorney JACLYN MARIE PALMERSON for HYUNDAI MOTOR AMERICA added. (PALMERSON, JACLYN) [Transferred from New Jersey on 5/9/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - This message is in reference to the #12 Amended Complaint filed by Shmuel Klein on 2/12/2019. Please be advised that when filing a document that adds parties to a case, the parties should be added to the docket during filing. The Clerk's Office has added Plaintiff JOSHUA KEENER and Defendant HYUNDAI MOTOR COMPANY to the Court's Docket. (mmh) [Transferred from New Jersey on 5/9/2019.] |
| Filing 12 AMENDED COMPLAINT against HYUNDAI MOTOR AMERICA, KIA MOTORS AMERICA INC., filed by KIMBERLE ZIMMERMAN, JOSHUA KEENER, TERRI SACKOS, DANIEL REILLEY, APRIL ACHORD, JENNIFER EVERERETT, MICHAEL CHIECO, DONNA HUNBERG, BARBARA MYERS. (Attachments: #1 Certificate of Service)(KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 11 SUMMONS Returned Executed by KIMBERLE ZIMMERMAN, JOSHUA KEENER, TERRI SACKOS, DANIEL REILLEY, APRIL ACHORD, JENNIFER EVERERETT, MICHAEL CHIECO, DONNA HUNBERG, BARBARA MYERS. HYUNDAI MOTOR AMERICA served on 1/23/2019, answer due 2/13/2019. (KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 10 SUMMONS ISSUED as to HYUNDAI MOTOR AMERICA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jem) [Transferred from New Jersey on 5/9/2019.] |
| Filing 9 Request for Summons to be Issued by KIMBERLE ZIMMERMAN, JOSHUA KEENER, TERRI SACKOS, DANIEL REILLEY, APRIL ACHORD, JENNIFER EVERERETT, MICHAEL CHIECO, DONNA HUNBERG, BARBARA MYERS as to HYUNDAI MOTOR AMERICA. (KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 8 AMENDED COMPLAINT amended Hyundai Motor Company to Hyundai Motor America against HYUNDAI MOTOR AMERICA CORPORATION, filed by KIMBERLE ZIMMERMAN, JOSHUA KEENER, TERRI SACKOS, DANIEL REILLEY, APRIL ACHORD, JENNIFER EVERERETT, MICHAEL CHIECO, DONNA HUNBERG, BARBARA MYERS.(KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 7 STIPULATION re Update Answer Due Deadline, #1 Complaint, by KIA MOTORS AMERICA INC.. (PALMERSON, JACLYN) [Transferred from New Jersey on 5/9/2019.] |
| Clerk`s Text Order - The document #6 Application for Clerk's Order to Ext Answer/Proposed Order submitted by KIA MOTORS AMERICA INC. has been GRANTED. The answer due date has been set for 1/11/2019. (mmh) [Transferred from New Jersey on 5/9/2019.] |
| Filing 6 Application and Proposed Order for Clerk's Order to extend time to answer as to Kia Motors America Inc.. Attorney JACLYN MARIE PALMERSON for KIA MOTORS AMERICA INC. added. (PALMERSON, JACLYN) [Transferred from New Jersey on 5/9/2019.] |
| Filing 5 CERTIFICATE OF SERVICE by All Plaintiffs re #1 Complaint, #4 Certificate of Service, #3 Summons Issued upon KIA MOTORS AMERICA INC; Hyundai Motor Company with waiver of service and proof of receipt (Attachments: #1 Exhibit Tracking proof of receipt by KIA, #2 Exhibit Tracking proof of receipt by Hyuandai, #3 Exhibit Tracking proof of receipt by CT Attorney General, #4 Exhibit Tracking proof of receipt by MASS Attorney General, #5 Exhibit Tracking proof of receipt by KY Attorney General, #6 Exhibit Tracking proof of receipt by LA Attorney General, #7 Exhibit Tracking proof of receipt by OH Attorney General)(KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 4 CERTIFICATE OF SERVICE by APRIL ACHORD, MICHAEL CHIECO, JENNIFER EVERERETT, DONNA HUNBERG, JOSHUA KEENER, BARBARA MYERS, DANIEL REILLEY, TERRI SACKOS, KIMBERLE ZIMMERMAN re #1 Complaint, #3 Summons Issued (KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 3 SUMMONS ISSUED as to HYUNDAI MOTOR COMPANY, KIA MOTORS AMERICA INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jmh) [Transferred from New Jersey on 5/9/2019.] |
| Filing 2 Corporate Disclosure Statement by APRIL ACHORD, Michael Chieco, JENNIFER EVERERETT, DONNA HUNBERG, JOSHUA KEENER, BARBARA MYERS, DANIEL REILLEY, TERRI SACKOS, KIMBERLE ZIMMERMAN. (KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Filing 1 COMPLAINT against HYUDAI MOTOR AMERICA, KIA MOTORS AMERICA INC. ( Filing and Admin fee $ 400 receipt number 0312-9176865) with JURY DEMAND, filed by KIMBERLE ZIMMERMAN, JOSHUA KEENER, TERRI SACKOS, DANIEL REILLEY, APRIL ACHORD, JENNIFER EVERERETT, Michael Chieco, DONNA HUNBERG, BARBARA MYERS. (Attachments: #1 Civil Cover Sheet, #2 Summons)(KLEIN, SHMUEL) [Transferred from New Jersey on 5/9/2019.] |
| Judge Michael A. Shipp and Magistrate Judge Douglas E. Arpert added. (jmh) [Transferred from New Jersey on 5/9/2019.] |
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