Ramtin Zakikhani v. Hyundai Motor Company et al
Plaintiff: Ramtin Zakikhani, Kimberly Elzinga, Steven Osterman, Theodore Maddox, Jr., Michael Summa, Kecia Taylor, Jacqueline Washington, Elaine Peacock, Melody Irish, Patti Talley, Ana Olaciregui and Donna Tinsley
Defendant: Kia Motors Corporation, Hyundai Motor America, Hyundai Motor Company, -, Kia Motors America, Inc., Hyundai Motor Company and Kia Corporation
Consolidated Plaintiff: Brenda Evans, Kericha Kennedy, Minda Briaddy, Anthony Vacchio, Adam Pluskowski, Ricky Barber, Lucille Jacob, Carla Ward, Pepper Miller and Cindy Brady
Consolidated Defendant: Kia America Inc
Not Classified By Court: Walter D. Leen, Jr. and Michael A. Graham
Case Number: 8:2020cv01584
Filed: August 25, 2020
Court: US District Court for the Central District of California
Presiding Judge: Stanley Blumenfeld
Referring Judge: John D Early
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2023 Opinion or Order Filing 162 DECLARATION of Elizabeth Fernandez Regarding Opt-Outs (Supplemental) filed by Defendants Hyundai Motor America, Hyundai Motor Company. (Minahan, Michael)
May 8, 2023 Opinion or Order Filing 161 DECLARATION of Amanda Sternberg Regarding Opt-Outs (Supplemental) filed by Defendants Kia America Inc, Kia Corporation. (Minahan, Michael)
May 5, 2023 Opinion or Order Filing 160 ORDER GRANTING PLAINTIFFS' MOTIONS FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ATTORNEYS' FEES, COSTS, AND SERVICE AWARDS by Judge Stanley Blumenfeld, Jr.: Plaintiffs' motions for final approval of their class action settlement #133 and fees and costs #134 (subject to the parties' agreement indicated at Dkt. No. 148) are GRANTED. The parties are ordered to file a proposed judgment no later than 5/9/2023 at 9:00 AM. (gk)
May 3, 2023 Opinion or Order Filing 159 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/21/23 11:03 A.M. re Transcript #158 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Wilcox, Wil) TEXT ONLY ENTRY
May 3, 2023 Opinion or Order Filing 158 TRANSCRIPT for proceedings held on 4/21/2023 11:03 A.M.. Court Reporter: Wil S. Wilcox, email: wil.wilcox@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 5/24/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/1/2023. (Wilcox, Wil)
April 25, 2023 Opinion or Order Filing 157 DECLARATION of Amanda Sternberg Re Opt-Outs and Class Notice (Supplemental) filed by Defendant Kia America Inc. (Minahan, Michael)
April 25, 2023 Opinion or Order Filing 156 DECLARATION of Elizabeth Fernandez Re Opt-Outs and Class Notice (Supplemental) filed by Defendant Hyundai Motor America. (Minahan, Michael)
April 21, 2023 Opinion or Order Filing 155 TRANSCRIPT ORDER as to Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation for Court Reporter. Court will contact Uyenchi Ho at uyenchi.ho@skadden.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Minahan, Michael)
April 21, 2023 Opinion or Order Filing 154 MINUTES OF Motion for Final Approval of Class Action Settlement (Dkt. No. #133 ) and Motion for Attorneys' Fees, Costs, and Service Awards (Dkt. No. #134 ) held before Judge Stanley Blumenfeld, Jr.: The Court takes the matter under submission.The parties are ordered to file declarations from the Settlement Administrators no later than April 25, 2023 with additional information as discussed on the record. Court Reporter: Wil Wilcox. (jgr)
April 21, 2023 Opinion or Order Filing 153 EXHIBIT B filed by Objector Walter D. Leen, Jr. as to Objection #151 . (jgr)
April 21, 2023 Opinion or Order Filing 152 EXHIBIT Filed A filed by Objector Walter D. Leen, Jr. as to Objection #151 . (jgr)
April 19, 2023 Opinion or Order Filing 151 OBJECTION Filing filed by Objector Walter D. Leen, Jr. (gk)
April 19, 2023 Opinion or Order Filing 150 OBJECTION filed by Objector Walter D. Leen, Jr. (gk)
April 18, 2023 Opinion or Order Filing 149 RESPONSE filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Steven Osterman, Elaine Peacock, Michael Summa, Patti Talley, Kecia Taylor, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhanito Objection, #146 , Objection, #140 , Objection #147 Plaintiffs' Response to Objections to the Proposed Class Action Settlement (Fegan, Elizabeth)
April 18, 2023 Opinion or Order Filing 148 Notice OF PARTIES' AGREEMENT REGARDING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, COSTS AND SERVICE AWARDS filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Steven Osterman, Elaine Peacock, Michael Summa, Patti Talley, Kecia Taylor, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani. (Fegan, Elizabeth)
April 11, 2023 Opinion or Order Filing 146 OBJECTIONS Amended Objections to the Settlement Agreement filed by Objector Michael A. Graham. (Attachments: #1 Exhibit Redline Objection, #2 Declaration Michael Graham, #3 Declaration Paul S. Rothstein, #4 Declaration Jeff Spitz, #5 Exhibit Part 573 Recalls, #6 Exhibit Part 195 Recall, #7 Exhibit In RE: Takata Airbags Litigation Report by the Settlement Administrator)(Rothstein, Paul)
April 10, 2023 Opinion or Order Filing 147 OBJECTION filed by Objector Walter D. Leen. (gk)
April 7, 2023 Opinion or Order Filing 145 DECLARATION of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice (SUPPLEMENTAL) filed by Defendants Hyundai Motor America, Hyundai Motor Company. (Minahan, Michael)
April 7, 2023 Opinion or Order Filing 144 DECLARATION of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice filed by Defendants Hyundai Motor America, Hyundai Motor Company. (Minahan, Michael)
April 7, 2023 Opinion or Order Filing 143 DECLARATION of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice filed by Defendants Kia America Inc, Kia Corporation. (Minahan, Michael)
April 7, 2023 Opinion or Order Filing 142 DECLARATION of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice filed by Defendants Kia America Inc, Kia Corporation. (Minahan, Michael)
April 3, 2023 Opinion or Order Filing 141 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Paul S. Rothstein to Appear Pro Hac Vice on behalf of Objector Michael A. Graham, designating Jeffrey Spitz as local counsel #137 , #139 . (gk)
April 3, 2023 Opinion or Order Filing 140 OBJECTIONS filed by Objector Michael A. Graham. (Attachments: #1 Declaration Decl. of Objector, Michael Graham, #2 Declaration Decl. of Counsel, Paul Rothstein, #3 Declaration Decl. of Counsel, Jeffrey Spitz, #4 Exhibit Ex. D - Recall Part 573 Reports, #5 Exhibit Ex. E - Recall Part 195 Chronology Report, #6 Exhibit Ex. F - Use of Sweepstakes in Takata Class Action)(Spitz, Jeffrey)
April 3, 2023 Opinion or Order Filing 139 Corrected APPLICATION of Non-Resident Attorney Paul S. Rothstein to Appear Pro Hac Vice on behalf of Objector Michael A. Graham (Pro Hac Vice Fee - $500.00 Previously Paid on 3/30/2023, Receipt No. ACACDC-35051530) filed by Objector Michael A. Graham. (Attachments: #1 Proposed Order Amended Proposed Order on Pro Hac Vice App., #2 Exhibit Certificate of Good Standing) (Spitz, Jeffrey)
March 31, 2023 Opinion or Order Filing 138 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Amended APPLICATION of Non-Resident Attorney Paul S. Rothstein to Appear Pro Hac Vice on behalf of Objector Michael A. Graham (Pro Hac Vice Fee - $500.00 Previously Paid on 3/30/2023, Receipt No. ACACDC-35051530) #137 . The following error(s) was/were found: Local Rule 5-4.4.2 WordPerfect or Word copy of the proposed order not e-mailed to the assigned judges generic chambers email address. Other error(s) with document(s): Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). (lt)
March 31, 2023 Opinion or Order Filing 137 Amended APPLICATION of Non-Resident Attorney Paul S. Rothstein to Appear Pro Hac Vice on behalf of Objector Michael A. Graham (Pro Hac Vice Fee - $500.00 Previously Paid on 3/30/2023, Receipt No. ACACDC-35051530) filed by Objector Michael A. Graham. (Attachments: #1 Proposed Order Amended Proposed Order on Pro Hac Vice App., #2 Exhibit Certificate of Good Standing) (Spitz, Jeffrey)
March 31, 2023 Opinion or Order Filing 136 APPLICATION of Non-Resident Attorney Paul S. Rothstein to Appear Pro Hac Vice on behalf of Objector Michael A. Graham (Pro Hac Vice Fee - $500.00 Previously Paid on 3/30/2023, Receipt No. ACACDC-35051530) filed by Objector Michael A. Graham. (Attachments: #1 Proposed Order Pro Hac Vice Admission) (Attorney Jeffrey Spitz added to party Michael A. Graham(pty:obj)) (Spitz, Jeffrey)
March 30, 2023 Opinion or Order Filing 135 APPLICATION of Non-Resident Attorney Paul S. Rothstein to Appear Pro Hac Vice on behalf of Objector Walter D. Leen, Jr (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35051530) filed by Objector Walter D. Leen, Jr. (Attachments: #1 Proposed Order Pro Hac Vice Admission) (Attorney Jeffrey Spitz added to party Walter D. Leen, Jr(pty:obj)) (Spitz, Jeffrey)
March 20, 2023 Opinion or Order Filing 134 NOTICE OF MOTION AND MOTION for Attorney Fees , Costs, and Service Awards filed by plaintiffs Ricky Barber, Cindy Brady, Minda Briaddy, Kimberly Elzinga, Brenda Evans, Melody Irish, Lucille Jacob, Theodore Maddox, Jr, Pepper Miller, Ana Olaciregui, Elaine Peacock, Adam Pluskowski, Patti Talley, Donna Tinsley, Anthony Vacchio, Carla Ward, Jacqueline Washington, Ramtin Zakikhani. Motion set for hearing on 4/21/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Steve W. Berman, #2 Declaration of Elizabeth A. Fegan, #3 Declaration of Jonathan M. Jagher, #4 Declaration of Katrina Carroll, #5 Declaration of Rosemary M. Rivas, #6 Declaration of J. Barton Goplerud, #7 Proposed Order) (Attorney Steve W Berman added to party Ricky Barber(pty:conpla), Attorney Steve W Berman added to party Cindy Brady(pty:conpla), Attorney Steve W Berman added to party Lucille Jacob(pty:conpla), Attorney Steve W Berman added to party Pepper Miller(pty:conpla), Attorney Steve W Berman added to party Adam Pluskowski(pty:conpla), Attorney Steve W Berman added to party Carla Ward(pty:conpla)) (Berman, Steve)
March 20, 2023 Opinion or Order Filing 133 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiffs Ricky Barber, Cindy Brady, Minda Briaddy, Kimberly Elzinga, Brenda Evans, Melody Irish, Lucille Jacob, Theodore Maddox, Jr, Pepper Miller, Ana Olaciregui, Elaine Peacock, Adam Pluskowski, Patti Talley, Donna Tinsley, Anthony Vacchio, Carla Ward, Jacqueline Washington, Ramtin Zakikhani. Motion set for hearing on 4/21/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Elizabeth A. Fegan, #2 Declaration Steve W. Berman, #3 Proposed Order) (Attorney Elizabeth A. Fegan added to party Ricky Barber(pty:conpla), Attorney Elizabeth A. Fegan added to party Cindy Brady(pty:conpla), Attorney Elizabeth A. Fegan added to party Lucille Jacob(pty:conpla), Attorney Elizabeth A. Fegan added to party Pepper Miller(pty:conpla), Attorney Elizabeth A. Fegan added to party Adam Pluskowski(pty:conpla), Attorney Elizabeth A. Fegan added to party Carla Ward(pty:conpla)) (Fegan, Elizabeth)
February 23, 2023 Opinion or Order Filing 132 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court, having granted preliminary approval of the parties' amended settlement agreement, VACATES the following dates set by the Court's case management order (Dkt. No. #55 ): the post-settlement status conference, final pretrial conference, and jury trial set for March 10, April 7 and April 17, 2023, respectively. The parties also do not need to file a joint status report as to their settlement discussions or submit trial filings. The settlement approval schedule issued on October 20, 2022 (Dkt. No. #130 ) remains in place. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
October 21, 2022 Opinion or Order Filing 131 Notice FULLY EXECUTED AMENDED SETTLEMENT AGREEMENT filed by Plaintiffs Ricky Barber, Cindy Brady, Minda Briaddy, Kimberly Elzinga, Brenda Evans, Melody Irish, Lucille Jacob, Theodore Maddox, Jr, Pepper Miller, Ana Olaciregui, Elaine Peacock, Adam Pluskowski, Patti Talley, Donna Tinsley, Anthony Vacchio, Carla Ward, Jacqueline Washington, Ramtin Zakikhani. (Attachments: #1 Exhibit)(Fegan, Elizabeth)
October 20, 2022 Opinion or Order Filing 130 ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #115 by Judge Stanley Blumenfeld, Jr.: SEE ORDER FOR DETAILS AND SETTLEMENT APPROVAL SCHEDULE. (jgr)
October 17, 2022 Opinion or Order Filing 129 Notice OF AMENDED SETTLEMENT AGREEMENT IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT filed by Plaintiffs Ricky Barber, Cindy Brady, Minda Briaddy, Kimberly Elzinga, Brenda Evans, Melody Irish, Lucille Jacob, Theodore Maddox, Jr, Pepper Miller, Ana Olaciregui, Elaine Peacock, Adam Pluskowski, Patti Talley, Donna Tinsley, Anthony Vacchio, Carla Ward, Jacqueline Washington, Ramtin Zakikhani. (Attachments: #1 Exhibit Ex. 1 - Amended Settlement Agreement, #2 Exhibit Ex. 2 - Amended Settlement Agreement Redline, #3 Exhibit Ex. 3 - Long Form Notice Redline, #4 Exhibit Ex. 4 - Claim Form Redline, #5 Exhibit Ex. 5 - Amended prop order)(Fegan, Elizabeth)
October 12, 2022 Opinion or Order Filing 128 STIPULATION to Dismiss Plaintiff Kericha Kennedy filed by Defendants Hyundai Motor Company, Kia America Inc, Kia Corporation, Hyundai Motor America.(Etcheverry, Lance)
October 3, 2022 Opinion or Order Filing 127 ORDER RE: PRELIMINARY SETTLEMENT by Judge Stanley Blumenfeld, Jr.: Plaintiffs moved for preliminary approval of their class action settlement with Defendants under Fed. R. Civ. P. 23. #115 . The Court is concerned that the relief provided to the class is not set forth clearly, though it appears that the parties are in agreement about the scope of relief. Plaintiffs are directed to submit no later than 10/17/2022 an Amended Settlement Agreement, along with a blackline against the Agreement that was filed at Dkt. No. 115-1. The parties are also directed to examine Plaintiffs' proposed Long Form Notice (Ex. C to the Settlement Agreement). Plaintiffs are directed to file any Amended Exhibits along with blacklines against the Exhibits previously filed no later than 10/17/2022. Plaintiffs are Ordered to provide no later than 10/17/2022 an updated schedule of key dates and milestones through Final Approval. Defendants are Ordered to submit the noticing addresses for the Settlement Administrators no later than 10/17/2022. See document for further details. (gk)
September 30, 2022 Opinion or Order Filing 126 NOTICE OF FILING TRANSCRIPT filed for proceedings 09/23/2022 9:26 a.m. - 10:07 a.m. re Transcript #125 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Moore, Judy) TEXT ONLY ENTRY
September 30, 2022 Opinion or Order Filing 125 TRANSCRIPT for proceedings held on 09/23/2022 9:26 a.m. - 10:07 a.m.. Court Reporter/Electronic Court Recorder: Judy K. Moore, phone number judy_moore@cacd.uscourts.gov. 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 10/21/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/29/2022. (Moore, Judy)
September 28, 2022 Opinion or Order Filing 124 TRANSCRIPT ORDER as to Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation for Court Reporter. Court will contact Uyenchi Ho at uyenchi.ho@skadden.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Minahan, Michael)
September 27, 2022 Opinion or Order Filing 123 TRANSCRIPT ORDER as to plaintiff Ramtin Zakikhani for Court Reporter. (Loeser, Thomas)
September 23, 2022 Opinion or Order Filing 122 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Preliminary Approval of Class Action Settlement #115 . The Court hears from the parties on their settlement agreement. The Court takes the matter under submission. Court Reporter: Judy Moore. (gk)
September 19, 2022 Opinion or Order Filing 121 Notice Regarding Election of Settlement Administrator filed by Defendants Hyundai Motor America, Kia America Inc. (Etcheverry, Lance)
September 2, 2022 Opinion or Order Filing 120 ORDER GRANTING JOINT STIPULATION TO CONSOLIDATE CASES by Judge Stanley Blumenfeld, Jr.: The parties' Joint Stipulation to Consolidate #119 is GRANTED. These cases, Zakikhani, et al. v. Hyundai Motor America, et al., SACV 20-01584 SB (JDEx); Evans, et al. v. Hyundai Motor Company, et al., SACV 22-00300 SB (JDEx); and Pluskowski, et al. v. Hyundai Motor America, et al., SACV 22-00824 SB (JDEx), are consolidated for all purposes. The master docket and master file for the consolidated action shall be Case No. 8:20-cv-01584-SB-JDE. The consolidated action shall bear the caption Ramtin Zakikhani, et al. v. Hyundai Motor Company, et al. The dockets in Evans and Pluskowski are administratively closed. (gk)
September 1, 2022 Opinion or Order Filing 119 First STIPULATION to Consolidate Cases as to 20-cv-01584, 22-cv-00300, 22-cv-00824 filed by Plaintiffs Ramtin Zakikhani. (Attachments: #1 Proposed Order)(Fegan, Elizabeth)
August 23, 2022 Opinion or Order Filing 118 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, #117 by Judge Stanley Blumenfeld, Jr: IT IS HEREBY ORDERED that the hearing on Plaintiffs Motion for Preliminary Approval of Class Action Settlement (Dkt. No. 115) is continued from September 16, 2022, to September 23, 2022, at 8:30 a.m. The parties are advised that this continuance will not extend any other deadlines. IT IS SO ORDERED. (shb)
August 18, 2022 Opinion or Order Filing 117 Joint STIPULATION to Continue Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement from 9/16/2022 to 9/23/2022 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Attachments: #1 Proposed Order)(Etcheverry, Lance)
August 17, 2022 Opinion or Order Filing 116 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion,, #115 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Settlement. The filer used the event, Responses/Replies/Other Motion Related Documents > Notice of Motion, for docketing this filing. For this one-time only, clerk shall convert the docketing event. 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. (gk)
August 15, 2022 Opinion or Order Filing 115 NOTICE OF MOTION re EX PARTE APPLICATION for Extension of Time to File Preliminary Settlement Approval #112 NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Michael Summa, Patti Talley, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani. Motion set for hearing on 9/16/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration Fegan Declaration, #2 Declaration Berman Declaration, #3 Proposed Order)(Fegan, Elizabeth) Modified on 8/17/2022 (gk).
July 22, 2022 Opinion or Order Filing 114 MINUTES OF Hearing of Defendants' Ex Parte Application held before Judge Stanley Blumenfeld, Jr.: Defendants filed an ex parte application seeking to continue the deadlines for Plaintiffs' motions for preliminary approval of the settlement and class certification #112 . IT IS HEREBY ORDERED that Defendants' application is GRANTED in part. The deadline for Plaintiffs to file their motion for preliminary approval is continued to 8/15/2022. The deadline for Plaintiffs to file their motion for class certification is continued to 8/22/2022. However, Defendants' application is denied as to the remainder of the briefing deadlines on the motion for class certification. Defendants' opposition is due 10/7/2022, and Plaintiffs' reply is due 11/7/2022. The hearing remains set for 12/2/2022 at 8:30 AM. Upon filing of Plaintiffs' motion for preliminary approval, the class certification deadlines will be automatically vacated without further order of the Court. Court Reporter: Miriam Baird. (gk)
July 19, 2022 Opinion or Order Filing 113 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: Having reviewed Defendants unopposed ex parte application to continue the deadline for Plaintiffs to file their motion for preliminary approval [Dkt. No. #112 ], the Court sets a hearing on the application for July 22, 2022 at 8:30 a.m. Counsel for both parties are ordered to appear in person at the hearing (their clients need not appear). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
July 19, 2022 Opinion or Order Filing 112 EX PARTE APPLICATION for Extension of Time to File Preliminary Settlement Approval filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Attachments: #1 Proposed Order) (Etcheverry, Lance)
July 8, 2022 Opinion or Order Filing 111 ORDER RE: JOINT STIPULATION TO CONTINUE DEADLINE FOR PARTIES TO SEEK PRELIMINARY SETTLEMENT APPROVAL by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #110 , IT IS HEREBY ORDERED that the deadline for Plaintiffs to file their Motion for Preliminary Approval of the Settlement is continued to 8/1/2022. The dates for class certification briefing and hearing set forth in the Court's case management order (CMO) are likewise extended. Plaintiffs' Motion for Class Certification due 8/8/2022. Hearing on Class Certification Motion on 12/2/2022 at 8:30 AM. (gk)
July 7, 2022 Opinion or Order Filing 110 STIPULATION to Continue Deadline for Plaintiffs to File Their Motion for Preliminary Approval of the Settlement from July 15, 2022 to August 1, 2022 Re: Order on Motion to Continue,, #107 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Attachments: #1 Proposed Order)(Etcheverry, Lance)
May 18, 2022 Opinion or Order Filing 107 ORDER CONTINUING DEADLINES IN THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Upon the Joint Motion #106 , the Court hereby modifies the case management order by adopting the dates below. Plaintiffs' Motion for Class Certification due 7/25/2022. Defendants' Opposition to Motion for Class Certification due 9/23/2022. Plaintiffs' Reply to Defendants' Opposition due 10/24/2022. Class Certification Hearing on 11/11/2022 at 8:30 AM. Plaintiffs shall file their motion for preliminary approval of the settlement by no later than 7/15/2022. (gk)
May 18, 2022 Opinion or Order Filing 106 Joint NOTICE OF MOTION AND MOTION to Continue Class Certification Deadlines to 45 Days Re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Deadlines/Hearings,,,,, #55 filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Patti Talley, Donna Tinsley, Jacqueline Washington. Motion set for hearing on 6/17/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Elizabeth A. Fegan added to party Melody Irish(pty:pla), Attorney Elizabeth A. Fegan added to party Ana Olaciregui(pty:pla), Attorney Elizabeth A. Fegan added to party Elaine Peacock(pty:pla), Attorney Elizabeth A. Fegan added to party Patti Talley(pty:pla), Attorney Elizabeth A. Fegan added to party Donna Tinsley(pty:pla), Attorney Elizabeth A. Fegan added to party Jacqueline Washington(pty:pla)) (Fegan, Elizabeth)
May 16, 2022 Opinion or Order Filing 109 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/12/22 10:09 a.m. re Transcript #108 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY
May 16, 2022 Opinion or Order Filing 108 TRANSCRIPT for proceedings held on 5/12/22 10:09 a.m.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC, phone number (361) 949-2988. 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 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/15/2022. (apr)
May 13, 2022 Opinion or Order Filing 105 TRANSCRIPT ORDER as to Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Patti Talley, Donna Tinsley, Jacqueline Washington for Court Smart (CS). Court will contact Wendy Purcell at wendy@feganscott.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lindenfeld, Jonathan)
May 12, 2022 Opinion or Order Filing 104 TRANSCRIPT ORDER as to Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation for Court Smart (CS). Court will contact Uyenchi Ho at uyenchi.ho@skadden.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Minahan, Michael)
May 12, 2022 Opinion or Order Filing 103 MINUTES OF Motion Hearing held before Magistrate Judge John D. Early, re Plaintiff's Motion to Compel Discovery #94 . For the foregoing reasons and for the reasons stated at the hearing, the Motion (Dkt. 94) is granted in part and denied in part as set forth above. The the extent further responses are ordered, HMA and KA are ordered to provide any such further responses by June 2, 2022, and HMC and KC are ordered to provide any such further responses by June 16, 2022. Those deadlines may be extended by agreement of the parties without further order from the Court.(see document for details) Court Recorder: CS 05/12/22. (mba)
May 12, 2022 Opinion or Order Filing 102 ORDER by Judge Stanley Blumenfeld, Jr: Granting #98 Non-Resident Attorney Rachel E. Fitzpatrick APPLICATION to Appear Pro Hac Vice on behalf of Ramtin Zakikhani, et al, Plaintiffs, designating Jennifer A. Lenze as local counsel. (twdb)
May 12, 2022 Opinion or Order Filing 101 NOTICE of Appearance filed by attorney Thomas E Loeser on behalf of Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Michael Summa, Patti Talley, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani (Attorney Thomas E Loeser added to party Kimberly Elzinga(pty:pla), Attorney Thomas E Loeser added to party Melody Irish(pty:pla), Attorney Thomas E Loeser added to party Theodore Maddox, Jr(pty:pla), Attorney Thomas E Loeser added to party Ana Olaciregui(pty:pla), Attorney Thomas E Loeser added to party Elaine Peacock(pty:pla), Attorney Thomas E Loeser added to party Michael Summa(pty:pla), Attorney Thomas E Loeser added to party Patti Talley(pty:pla), Attorney Thomas E Loeser added to party Donna Tinsley(pty:pla), Attorney Thomas E Loeser added to party Jacqueline Washington(pty:pla), Attorney Thomas E Loeser added to party Ramtin Zakikhani(pty:pla))(Loeser, Thomas)
May 4, 2022 Opinion or Order Filing 100 ORDER by Magistrate Judge John D. Early, Granting Joint Request to Continue Hearing on Plaintiff's Motion to Compel Responses to Discovery re Joint Stipulation re Discovery Motion #99 . Based on the Parties' joint request (Dkt. 99), IT IS HEREBY ORDERED that the hearing on Plaintiffs Motion to Compel Responses to Discovery (Dkt. 94) is continued to May 12, 2022 at 10:00 a.m., or as soon thereafter as may be heard. Plaintiff is ordered to deliver courtesy copies of all papers filed in connection with the Motion to the chambers of the undersigned by noon on May 6, 2022. (mba)
May 3, 2022 Opinion or Order Filing 99 JOINT STIPULATION to MOTION to Compel Discovery #94 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Attachments: #1 Proposed Order)(Etcheverry, Lance)
April 26, 2022 Opinion or Order Filing 98 Amended APPLICATION of Non-Resident Attorney Rachel E. Fitzpatrick to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Previously Paid on 3/31/2022, Receipt No. 33043742) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Proposed Order) (Lenze, Jennifer)
April 21, 2022 Opinion or Order Filing 97 MEMORANDUM in Support of MOTION to Compel Discovery #94 SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL DISCOVERY filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Patti Talley, Donna Tinsley, Jacqueline Washington. (Lindenfeld, Jonathan)
April 12, 2022 Opinion or Order Filing 95 ORDER by Judge Stanley Blumenfeld, Jr. Denying Application of Non-Resident Attorney Rachel E. Fitzpatrick to Appear Pro Hac Vice on behalf of Plaintiffs Ramtin Zakikhani, Kimberly Elzinga, Theodore Maddox Jr., Michael Summa, Jacqueline Washington, Patti Talley, Ana Olaciregui, Elaine Peacock, Melody Irish, and Donna Tinsley #92 . IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, not be refunded. Terming Attorney Rachel E. Fitzpatrick. (gk)
April 11, 2022 Opinion or Order Filing 96 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Steve W. Berman to Appear Pro Hac Vice on behalf of Plaintiffs Ramtin Zakikhani, Kimberly Elzinga, Theodore Maddox Jr., Michael Summa, Jacqueline Washington, Patti Talley, Ana Olaciregui, Elaine Peacock, Melody Irish, and Donna Tinsley, designating Jennifer A. Lenze as local counsel #93 . (gk)
April 11, 2022 Opinion or Order Filing 94 NOTICE OF MOTION AND MOTION to Compel Discovery filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Michael Summa, Patti Talley, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani. Motion set for hearing on 5/5/2022 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Memorandum Joint Stipulation, #2 Declaration JDL Declaration, #3 Exhibit Ex. 1 Second Am. Complaint, #4 Exhibit Ex. 2 Letter to Defs re Discovery, #5 Exhibit Ex. 3 HMA Letter, #6 Exhibit Ex. 4 HMC Letter, #7 Exhibit Ex. 5 KA Letter, #8 Exhibit Ex. 6 KC Letter, #9 Exhibit Ex. 7 2022.02.24 Ltr to Ds., #10 Exhibit Ex. 8 Defendants' Prop. Search, #11 Exhibit Ex. 9 2022.03.08 Letter to Defendants, #12 Exhibit Ex. 10 Part 573 Report, #13 Exhibit Ex. 11 Kia 2021 Stinger MOLIT Recall, #14 Exhibit Ex. 12 Hyundai 2021 Tucson MOLIT Recall, #15 Exhibit Ex. 13 HMA's exp of NHTSA Recall Tucson, #16 Exhibit Ex. 14 HMA website, #17 Exhibit Ex. 15 Kia Trademark, #18 Exhibit Ex. 16 Tech. Service Bulletin ABS, #19 Exhibit Ex. 17 Kia Safety Recall Campaign, #20 Exhibit Ex. 18 Kia, Hyundai 2.8.22 Recall, #21 Exhibit Ex. 19 NHTSA 2.7.22 Ltr to HMA, #22 Exhibit Ex. 20 Recall 218 Chron, #23 Exhibit Ex. 21 HATCI - Voluntary NC Recall, #24 Exhibit Ex 22 RCMR 06V294-8631, #25 Exhibit Ex. 23 NHTSA 2013-2015MY Otpima, #26 Exhibit Ex. 24 Sorento Notice to Owner, #27 Exhibit Ex. 25 Hyundai 2016-21 Tucson ABS Sfty Recall, #28 Exhibit Ex. 26 Dkt 55, #29 Declaration Defendants' Declaration, #30 Proposed Order Proposed Order)(Lindenfeld, Jonathan)
March 31, 2022 Opinion or Order Filing 93 APPLICATION of Non-Resident Attorney Steve W. Berman to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33043902) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Proposed Order) (Lenze, Jennifer)
March 31, 2022 Opinion or Order Filing 92 APPLICATION of Non-Resident Attorney Rachel E. Fitzpatrick to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33043742) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Proposed Order) (Lenze, Jennifer)
March 28, 2022 Opinion or Order Filing 91 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Katrina Carroll to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani, designating Jennifer A. Lenze as local counsel #90 . (gk)
March 22, 2022 Opinion or Order Filing 90 APPLICATION of Non-Resident Attorney Katrina Carroll to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32990641) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer)
March 17, 2022 Opinion or Order Filing 89 ORDER by Judge Stanley Blumenfeld, Jr: granting #88 Non-Resident Attorney Megan E. Shannon APPLICATION to Appear Pro Hac Vice on behalf of Ramtin Zakikhani, designating Jennifer A Lenze as local counsel. (lom)
March 16, 2022 Opinion or Order Filing 88 APPLICATION of Non-Resident Attorney Megan E. Shannon to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32961391) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Proposed Order) (Lenze, Jennifer)
March 14, 2022 Opinion or Order Filing 87 PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order #86 . (see document for details) (hr)
March 14, 2022 Opinion or Order Filing 86 STIPULATION for Protective Order filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation.(Minahan, Michael)
March 9, 2022 Opinion or Order Filing 85 (IN CHAMBERS) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court, having received the Notice of Withdrawal (Dkt. No. #84 ) filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation, terminates the Motion for Order and the Cross Motion for Protective Order (Dkt. Nos. #72 , #81 , respectively). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
March 9, 2022 Opinion or Order Filing 84 Notice of Withdrawal of Response in Opposition to Motion,,, #81 , Motion for Order, #72 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Minahan, Michael)
February 25, 2022 Opinion or Order Filing 83 REPLY in Support of Motion NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order #72 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Attachments: #1 Declaration of Minahan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Etcheverry, Lance)
February 23, 2022 Opinion or Order Filing 82 Notice of Appearance or Withdrawal of Counsel: for attorney Todd D Carpenter counsel for Plaintiff Ramtin Zakikhani. Adding Todd D. Carpenter as counsel of record for Ramtin Zakikhani for the reason indicated in the G-123 Notice. Filed by Plaintiff Ramtin Zakikhani. (Attorney Todd D Carpenter added to party Ramtin Zakikhani(pty:pla))(Carpenter, Todd)
February 18, 2022 Opinion or Order Filing 81 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order #72 and PLAINTIFFS' NOTICE OF CROSS MOTION FOR PROTECTIVE ORDER filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Patti Talley, Donna Tinsley, Jacqueline Washington. (Attachments: #1 Memorandum PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO AMEND THE SCHEDULING ORDER AND MEMORANDUM IN SUPPORT OF PLAINTIFFS CROSS MOTION FOR PROTECTIVE ORDER, #2 Proposed Order, #3 Proposed Order, #4 Declaration, #5 Exhibit Decl. Ex. 1, #6 Exhibit Decl. Ex. 2, #7 Exhibit Decl. Ex. 3, #8 Exhibit Decl. Ex. 4, #9 Exhibit Decl. Ex. 5, #10 Exhibit Decl. Ex. 6, #11 Exhibit Decl. Ex. 7, #12 Exhibit Decl. Ex. 8, #13 Exhibit Decl. Ex. 9, #14 Exhibit Decl. Ex. 10, #15 Exhibit Decl. Ex. 11, #16 Exhibit Decl. Ex. 12, #17 Exhibit Decl. Ex. 13, #18 Exhibit Decl. Ex. 14)(Lindenfeld, Jonathan)
February 15, 2022 Opinion or Order Filing 80 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Jonathan M. Jagher to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani, designating Jennifer A. Lenze as local counsel #78 . (gk)
February 15, 2022 Opinion or Order Filing 79 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Brian M. Hogan to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani, designating Jennifer A. Lenze as local counsel #77 . (gk)
February 14, 2022 Opinion or Order Filing 78 APPLICATION of Non-Resident Attorney Jonathan M. Jagher to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32787224) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing-PA, #2 Certificate of Good Standing-MA, #3 Proposed Order) (Lenze, Jennifer)
February 14, 2022 Opinion or Order Filing 77 APPLICATION of Non-Resident Attorney Brian M. Hogan to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32786884) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer)
February 11, 2022 Opinion or Order Filing 76 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order #72 (Attachments: #1 Proposed Order)(Minahan, Michael)
February 11, 2022 Opinion or Order Filing 75 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order (Dkt. No. #72 ) by Judge Stanley Blumenfeld, Jr. The document is accepted as filed. The filer is ordered to lodge their proposed order by close of business, February 11, 2022. (jgr)
February 11, 2022 Opinion or Order Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order #72 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk)
February 9, 2022 Opinion or Order Filing 73 DECLARATION of Michael C. Minahan re NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order #72 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Minahan, Michael)
February 9, 2022 Opinion or Order Filing 72 NOTICE OF MOTION AND MOTION for Order for to Amend Scheduling Order filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. Motion set for hearing on 3/11/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Minahan, Michael)
February 8, 2022 Opinion or Order Filing 71 ANSWER to Amended Complaint/Petition,,, #49 JURY DEMAND. filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation.(Minahan, Michael)
January 25, 2022 Opinion or Order Filing 70 (IN CHAMBERS) TEXT ONLY ENTRY: Plaintiffs filed a notice of SUPPLEMENTAL AUTHORITY (ECF No. #68 ), which the Court received after sending its order for filing. The supplemental authority does not require any modification to the order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr)
January 25, 2022 Opinion or Order Filing 69 MINUTES [In Chambers] ORDER RE: DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT [Dkt. No. 57] by Judge Stanley Blumenfeld, Jr. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part #57 . The Court dismisses without leave to amend: (1) Plaintiffs' claims based on vehicle year models that Plaintiffs did not purchase or lease; (2) the non-California Plaintiffs' CLRA and UCL claims against HMC and KC; (3) Plaintiffs' FAL claims; (4) Zakikhani's implied warranty and Rhode Island CPA claims; (5) Tinsley's MMPA claim; (6) Irish's Texas DTPA claim; (7) Peacock's MCPA claim; (8) Washington's implied warranty and OCSPA claims; (9) Talley's implied warranty claim; and (10) Plaintiffs' claims for equitable relief. The Court also STRIKES Plaintiff's California class allegations with respect to the Song-Beverly Act claim. See minute order for details. (lom) Modified on 1/25/2022 (lom).
January 25, 2022 Opinion or Order Filing 68 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Patti Talley, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani. (Attachments: #1 Exhibit Sharma, et al., v. Volkswagen AG, et al., No. 20-cv-02394-JST (N.D. Cal.) (ECF 119))(Lindenfeld, Jonathan)
January 12, 2022 Opinion or Order Filing 67 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court VACATES the hearing on the Motion to Dismiss Case (ECF No. #57 ) and takes the matter under submission. If the Court determines that a hearing is necessary, one may be set at a later date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
January 7, 2022 Opinion or Order Filing 66 MINUTE ORDER (IN CHAMBERS) by Judge Stanley Blumenfeld, Jr re: #64 Non-Resident Attorney APPLICATION to Appear Pro Hac Vice. The Court strikes the APPLICATION of Non-Resident Attorney Jonathan M. Jagher to Appear Prop Hac Vice on behalf of Plaintiff Ramtin Zakikhani, Dkt. No. 64, without prejudice to refiling in accordance with the Court's standing order (provided that the refiling is otherwise timely, see Notice of Deficiency, Dkt. No. 65. (mrgo)
January 5, 2022 Opinion or Order Filing 65 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jonathan M. Jagher to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32567671) #64 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Proposed Order is incomplete. PHV counsel's address is missing. (lt)
January 4, 2022 Opinion or Order Filing 64 [STRICKEN PER DOCKET ENTRY NO. 66] APPLICATION of Non-Resident Attorney Jonathan M. Jagher to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32567671) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 MA Certificate of Good Standing, #2 PA Certificate of Good Standing, #3 Proposed Order) (Lenze, Jennifer) Modified on 1/10/2022 (mrgo).
December 10, 2021 Opinion or Order Filing 63 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint #57 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Etcheverry, Lance)
November 17, 2021 Opinion or Order Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to Motion to Dismiss #61 , attachments 2 and 3. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Responses/Replies/Other Motion Related Documents-For Judicial Notice. Other error(s) with document(s): A Request for Judicial Notice and Declaration in Support should be e-filed as a separate, stand-alone document from the Motion to Dismiss. 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. (bm)
November 15, 2021 Opinion or Order Filing 61 Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint #57 filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Elaine Peacock, Patti Talley, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani. (Attachments: #1 61-1 Proposed Order, #2 61-2 Plaintiffs' Request for Judicial Notice, #3 61-3 Declaration In Support Of Request For Judicial Notice, #4 61-4 Exhibit A, #5 61-5 Exhibit B, #6 61-6 Exhibit C, #7 61-7 Exhibiti D)(Lindenfeld, Jonathan)
November 9, 2021 Opinion or Order Filing 60 NOTICE OF DISMISSAL filed by Plaintiff Michael Summa pursuant to FRCP 41a(1) as to Kia America Inc, Kia Corporation, Kia Motors America, Inc., Kia Motors Corporation. (Lindenfeld, Jonathan)
September 27, 2021 Opinion or Order Filing 59 TRANSCRIPT ORDER as to Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation for Court Reporter. Court will contact Candice Spoon at candice.spoon@skadden.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Van Ness, Caroline)
September 21, 2021 Opinion or Order Filing 58 NOTICE OF CLERICAL ERROR Re: Civil Minutes of In Chambers Order filed 8/30/2021 #55 . Due to clerical error, there is a typographical error as to the hearing date on the motion for class certification. The docket entry reflects a hearing date of 10/7/2021 at 8:30 AM. The moving papers shall be filed no later than 6/10/2022, and the matter shall be set for 10/7/2022 at 8:30 AM. (gk)
September 14, 2021 Opinion or Order Filing 57 NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Notice of Motion and Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. Motion set for hearing on 1/14/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order re Motion to Dismiss Second Amended Complaint, #2 Request for Judicial Notice, #3 Declaration of Michael C. Minahan re Request for Judicial Notice, #4 Exhibit 1 to Minahan Decl. - Nov. 4, 2020 HMC Letter, #5 Exhibit 2 to Minahan Decl. - Nov. 4, 2020 HMA, HMC Letter, #6 Exhibit 3 to Minahan Decl. - Nov. 4, 2020 KC Letter, #7 Exhibit 4 to Minahan Decl. - Nov. 4, 2020 KC, KA Letter, #8 Proposed Order re Request for Judicial Notice) (Etcheverry, Lance)
August 30, 2021 Opinion or Order Filing 55 MINUTE [In Chambers] by Judge Stanley Blumenfeld, Jr: The Court has reviewed the Joint Rule 26(f) report and sets the pretrial and trial dates noted in the table below based on an evaluation of the complexity of the case. A more complete description of these deadlines is contained in the Mandatory Scheduling Conference Order (MSC Order). The deadlines below will not be continued absent a timely showing of good cause. Good cause requires a specific, detailed, and non-conclusory showing of diligence from the outset of the case, describing: (i) all relevant work previously done (including when each item was completed), (ii) all relevant work that remains to be done, (iii) why the remaining work could not previously have been done (including efforts made to complete each remaining item), and (iv) why the amount of time requested is needed to complete the remaining work. The Attachment to this Order describes the requirements in more detail, and failure to comply with them will result in denial of the request with prejudice. Defendants request to stay discovery pending the Courts ruling on Defendants motion to dismiss is DENIED, and the parties may begin discovery immediately. The hearing on the motion for class certification will be on 10/7/2021 at 8:30 AM. The moving papers shall be filed no later than 6/10/2022; the opposition shall be filed no later than 8/9/2022; and the reply shall be filed no later than 9/8/2022. (jp)
August 27, 2021 Opinion or Order Filing 56 MINUTES OF Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: Court and counsel confer regarding proposed trial schedule. The Court will issue a separate case management order. Court Reporter: Mariam Baird. (gk)
August 20, 2021 Opinion or Order Filing 54 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Steven Osterman, Elaine Peacock, Michael Summa, Patti Talley, Kecia Taylor, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani(Lindenfeld, Jonathan)
August 20, 2021 Opinion or Order Filing 53 REPORT of JOINT RULE 26(F) filed by Plaintiffs Kimberly Elzinga, Melody Irish, Theodore Maddox, Jr, Ana Olaciregui, Steven Osterman, Elaine Peacock, Michael Summa, Patti Talley, Kecia Taylor, Donna Tinsley, Jacqueline Washington, Ramtin Zakikhani. (Lindenfeld, Jonathan)
July 28, 2021 Opinion or Order Filing 52 ORDER REGARDING SCHEDULE FOR DEFENDANTS' RESPONSE TO PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #50 , Defendants shall answer, move, or otherwise respond to Plaintiffs' Second Amended Class Action Complaint ("SAC") #49 on or before 9/14/2021. If Defendants move to dismiss the SAC, Plaintiffs' response shall be due on or before 11/15/2021. Defendants shall file their reply in support of the motion on or before 12/10/2021. See document for further details. (gk)
July 27, 2021 Opinion or Order Filing 51 ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets a Scheduling Conference for 8/27/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. The parties shall file a joint Rule 26 Meeting Report due by 8/20/2021. (vcr)
July 23, 2021 Opinion or Order Filing 50 Joint STIPULATION for Order Regarding Schedule For Defendants' Response to Plaintiffs' Second Amended Class Action Complaint filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America Inc, Kia Corporation. (Attachments: #1 Proposed Order)(Etcheverry, Lance)
July 16, 2021 Opinion or Order Filing 49 Second Amended AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #28 , filed by Plaintiffs Kimberly Elzinga, Ramtin Zakikhani, Michael Summa, Theodore Maddox, Jr, Jacqueline Washington, Elaine Peacock, Melody Irish, Patti Talley, Ana Olaciregui, Donna Tinsley(Attorney Jonathan D. Lindenfeld added to party Jacqueline Washington(pty:pla), Attorney Jonathan D. Lindenfeld added to party Patti Talley(pty:pla), Attorney Jonathan D. Lindenfeld added to party Ana Olaciregui(pty:pla), Attorney Jonathan D. Lindenfeld added to party Elaine Peacock(pty:pla), Attorney Jonathan D. Lindenfeld added to party Melody Irish(pty:pla), Attorney Jonathan D. Lindenfeld added to party Donna Tinsley(pty:pla))(Lindenfeld, Jonathan)
June 28, 2021 Opinion or Order Filing 48 MINUTES [In Chambers] ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT (DKT. NO. #34 ) by Judge Stanley Blumenfeld, Jr. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part. The Court: DENIES the motion to dismiss HMC and KMC for lack of personal jurisdiction; DISMISSES without prejudice Plaintiffs Zakikhani, Osterman, Maddox, Summa, and Taylor from causes of action 1 through 6; DISMISSES without prejudice Plaintiffs' nationwide class claims under California law; DISMISSES without prejudice Plaintiffs' alternative causes of action for violation of state consumer laws (Count 7) and breach of the implied warranty of merchantability (Count 8); DISMISSES with prejudice Plaintiffs' claims relating to the Class Vehicles they did not purchase or lease; and DISMISSES without prejudice the motion as to Elzinga's fraud-based claims (Counts 1-3, 5); and DISMISSES without leave to amend Elzinga's implied warranty claims (Counts 4, 6) Should Plaintiffs wish to file an amended complaint, they must do so July 16, 2021. (lom)
June 16, 2021 Opinion or Order Filing 47 TEXT ONLY ENTRY: The parties are advised that the Court has updated its standing orders effective June 15, 2021 (i.e., Standing Order for Civil Cases Assigned to Judge Stanley Blumenfeld, Jr., Mandatory Scheduling Conference (MSC) Order, Order Re: Motions for Summary Judgment, Pretrial and Trial Order). These orders apply to all pending cases, except as follows: (1) the updated Order Re: Motions for Summary Judgment (MSJ) does not apply to any MSJ filed on or before July 27, 2021; and (2) the updated Pretrial and Trial Order does not apply to any case with a pretrial conference set on or before July 22, 2021. The parties are directed to read and comply with all these standing orders except as noted in the prior sentence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
May 21, 2021 Opinion or Order Filing 46 TRANSCRIPT ORDER as to Non-party Requester for Court Reporter. Court will contact Kenyatta Hill at kenyatta.hill@sidley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (jlo)
April 30, 2021 Opinion or Order Filing 45 NOTICE OF FILING TRANSCRIPT filed for proceedings 04/16/21 9:05 am re Transcript #44 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY
April 30, 2021 Opinion or Order Filing 44 TRANSCRIPT for proceedings held on 04/16/21 9:05 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.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 5/21/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/29/2021. (Thibodeaux, Elizabeth)
April 16, 2021 Opinion or Order Filing 43 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: MOTION to Dismiss Case re Plaintiffs' First Amended Class Action Complaint filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation #34 . Hearing held via Zoom webinar. Counsel present argument. Court and counsel confer. The Court takes the motion under submission. Court Reporter: Katie Thibodeaux-VTC. (gk)
April 16, 2021 Opinion or Order Filing 42 TRANSCRIPT ORDER as to Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation for Court Reporter. Court will contact Shannon Cooper at shannon.cooper@skadden.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Van Ness, Caroline)
April 15, 2021 Opinion or Order Filing 41 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION to Dismiss Case re Plaintiffs' First Amended Class Action Complaint #34 . The Court reschedules the time of the hearing on said motion set for hearing on 4/16/2021 from 8:30 AM to 08:50 AM before Judge Stanley Blumenfeld Jr. to be heard remotely via Zoom webinar. The clerk shall provide the parties with the Zoom contact information. Each side will have ten minutes for argument.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 29, 2021 Opinion or Order Filing 40 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION to Dismiss Case re Plaintiffs' First Amended Class Action Complaint #34 . The Court continues the hearing on said Motion set for 4/2/21 to 4/16/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 26, 2021 Opinion or Order Filing 39 NOTICE OF INTENTION FOR JUNIOR LAWYER TO ARGUE AT HEARING ON DEFENDANTS HYUNDAI MOTOR COMPANY, LTD.S, HYUNDAI MOTOR AMERICA, INC.S, KIA MOTORS CORPORATIONS, AND KIA MOTORS AMERICA, INC.S MOTION TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT filed by Plaintiff Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani. (Lenze, Jennifer)
March 18, 2021 Opinion or Order Filing 38 REPLY IN SUPPORT OF DEFENDANTS' NOTICE OF MOTION AND MOTION to Dismiss Case re Plaintiffs' First Amended Class Action Complaint #34 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. (Etcheverry, Lance)
March 8, 2021 Opinion or Order Filing 37 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Brian O. Marty to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani, individually and on behalf of all others similarly situated, designating Jennifer A. Lenze as local counsel #36 . (gk)
March 3, 2021 Opinion or Order Filing 36 APPLICATION of Non-Resident Attorney Brian O. Marty to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30823050) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer)
February 25, 2021 Opinion or Order Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case re Plaintiffs' First Amended Class Action Complaint #34 filed by Plaintiffs Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani. (Attachments: #1 Proposed Order Denying Defendants Motion to Dismiss)(Lenze, Jennifer)
January 11, 2021 Opinion or Order Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Case re Plaintiffs' First Amended Class Action Complaint filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. Motion set for hearing on 4/2/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Gi Tae Do, #2 Declaration of Seul Young Lee, #3 Proposed Order) (Etcheverry, Lance)
December 14, 2020 Opinion or Order Filing 33 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiffs Ramtin Zakikhani, Steven Osterman, Kimberly Elzinga, Theodore Maddox, Jr., Michael Summa, and Kecia Taylor, designating Jennifer A. Lenze as local counsel #32 . (gk)
December 10, 2020 Opinion or Order Filing 32 APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiffs Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani (Pro Hac Vice Fee - $500 Previously Paid on 12/2/2020, Receipt No. 29306335) filed by Plaintiff Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani. (Attachments: #1 NY-Certificate of Good Standing, #2 NJ-Certificate of Good Standing, #3 Proposed Order) (Lenze, Jennifer)
December 8, 2020 Opinion or Order Filing 31 MINUTES (IN CHAMBERS) by Judge Stanley Blumenfeld, Jr. The Court Denies the Application of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Hac Vice, Dkt. No. #29 , without prejudice to refiling it upon correction of the deficiencies, see Dkt. No. #30 . (et)
December 2, 2020 Opinion or Order Filing 30 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiffs Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Re #29 . The following error(s) was/were found: Application and proposed order are inconsistent. Application lists all plaintiffs that attorney is to represent, but proposed order lists only Ramtin Zakikhani. Proposed order is not flattened. (Thrasher, Lupe)
December 2, 2020 Opinion or Order Filing 29 APPLICATION of Non-Resident Attorney Jonathan D. Lindenfeld to Appear Pro Hac Vice on behalf of Plaintiffs Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29306335) filed by Plaintiff Kimberly Elzinga, Theodore Maddox, Jr, Steven Osterman, Michael Summa, Kecia Taylor, Ramtin Zakikhani. (Attachments: #1 NY-Certificate of Good Standing, #2 NJ-Certificate of Good Standing, #3 Proposed Order) (Lenze, Jennifer)
November 13, 2020 Opinion or Order Filing 28 FIRST AMENDED COMPLAINT against Defendants All Plaintiffs amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Ramtin Zakikhani(Fegan, Elizabeth)
November 11, 2020 Opinion or Order Filing 27 ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #26 , IT IS HEREBY ORDERED that Plaintiff is granted leave to file his First Amended Complaint and shall file it by no later than 11/13/2020. Defendants shall answer, move, or otherwise respond to the First Amended Complaint within 60 days of the Court entering this Order. If Defendants move to dismiss the First Amended Complaint, Plaintiff's response shall be due within 45 days of Defendants' filing their motion. Defendants shall file their reply in support of the motion within 21 days of Plaintiff's response. See document for further details. (gk)
November 4, 2020 Opinion or Order Filing 26 First STIPULATION to Amend filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Proposed Order)(Fegan, Elizabeth)
October 8, 2020 Opinion or Order Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Ramtin Zakikhani. upon Hyundai Motor America waiver sent by Plaintiff on 10/5/2020, answer due 12/4/2020; Hyundai Motor Company waiver sent by Plaintiff on 10/5/2020, answer due 12/4/2020; Kia Motors America, Inc. waiver sent by Plaintiff on 10/5/2020, answer due 12/4/2020; Kia Motors Corporation waiver sent by Plaintiff on 10/5/2020, answer due 12/4/2020. Waiver of Service signed by Caroline Van Ness. (Lenze, Jennifer)
October 7, 2020 Opinion or Order Filing 24 ORDER RE: JOINT STIPULATION REGARDING SERVICE OF PROCESS by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #21 , IT IS HEREBY ORDERED that Kia Motors Corporation and Hyundai Motor Company, Ltd. will accept service of the Complaint and waive the formalities of service under Federal Rules of Civil Procedure 4(d). Defendants will file their responsive pleadings within 60 days of signing this agreement. See document for specifics. (gk)
October 5, 2020 Opinion or Order Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Caroline Williams Van Ness counsel for Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. Adding Caroline Van Ness as counsel of record for Hyundai Motor Company, Ltd., Hyundai Motor America, Inc., Kia Motors Corporation, and Kia Motors America, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Hyundai Motor Company, Ltd., Hyundai Motor America, Inc., Kia Motors Corporation, and Kia Motors America, Inc.. (Attorney Caroline Williams Van Ness added to party Hyundai Motor America(pty:dft), Attorney Caroline Williams Van Ness added to party Hyundai Motor Company(pty:dft), Attorney Caroline Williams Van Ness added to party Kia Motors America, Inc.(pty:dft), Attorney Caroline Williams Van Ness added to party Kia Motors Corporation(pty:dft))(Van Ness, Caroline)
October 5, 2020 Opinion or Order Filing 22 CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. Civ. P. 7.1 and Notice of Interested Parties filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation (Etcheverry, Lance)
October 5, 2020 Opinion or Order Filing 21 Joint STIPULATION for Order Regarding Service of Process filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. (Attachments: #1 Proposed Order)(Attorney Lance A Etcheverry added to party Hyundai Motor America(pty:dft), Attorney Lance A Etcheverry added to party Hyundai Motor Company(pty:dft), Attorney Lance A Etcheverry added to party Kia Motors America, Inc.(pty:dft), Attorney Lance A Etcheverry added to party Kia Motors Corporation(pty:dft))(Etcheverry, Lance)
September 25, 2020 Opinion or Order Filing 20 ORDER OF THE CHIEF JUDGE (#20-116) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Stanley Blumenfeld, Jr., this case is transferred from Judge Cormac J. Carney to the calendar of Judge Stanley Blumenfeld, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-01584 SB (JDEx). (rrp)
September 11, 2020 Opinion or Order Filing 19 ORDER by Judge Cormac J. Carney: Granting #12 Non-Resident Attorney Elizabeth A. Fegan APPLICATION to Appear Pro Hac Vice on behalf of Ramtin Zakikhani Plaintiff, designating Jennifer A. Lenze as local counsel. Granting #14 Non-Resident Attorney Elizabeth A. Fegan APPLICATION to Appear Pro Hac Vice on behalf of Ramtin Zakikhani Plaintiff, designating Jennifer A. Lenze as local counsel. (twdb)
September 11, 2020 Opinion or Order Filing 18 ORDER by Judge Cormac J. Carney: Granting #15 Non-Resident Attorney John B. Goplerud APPLICATION to Appear Pro Hac Vice on behalf of Ramtin Zakikhani Plaintiff, designating Jennifer A. Lenze as local counsel. Granting #17 Non-Resident Attorney John B. Goplerud APPLICATION to Appear Pro Hac Vice on behalf of Ramtin Zakikhani Plaintiff, designating Jennifer A. Lenze as local counsel. (twdb)
September 11, 2020 Opinion or Order Filing 17 Amended APPLICATION of Non-Resident Attorney John Barton Goplerud to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Previously Paid on 9/9/2020, Receipt No. ACACDC-28008181) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer)
September 10, 2020 Opinion or Order Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney John Barton Goplerud to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28008181) #15 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (sbou)
September 9, 2020 Opinion or Order Filing 15 APPLICATION of Non-Resident Attorney John Barton Goplerud to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28008181) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer)
September 4, 2020 Opinion or Order Filing 14 APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $400 Previously Paid on 9/3/2020, Receipt No. ACACDC-27896336) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Lenze, Jennifer)
September 3, 2020 Opinion or Order Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27896336) #12 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Document is not an EX PARTE document, but is an Application. (Thrasher, Lupe)
September 2, 2020 Opinion or Order Filing 12 EX PARTE APPLICATION of Non-Resident Attorney Elizabeth A. Fegan to Appear Pro Hac Vice on behalf of Plaintiff Ramtin Zakikhani (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27896336) filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing) (Lenze, Jennifer)
August 28, 2020 Opinion or Order Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Hyundai Motor America, Hyundai Motor Company. (twdb)
August 28, 2020 Opinion or Order Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendants Kia Motors America, Inc., Kia Motors Corporation. (twdb)
August 27, 2020 Opinion or Order Filing 9 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #6 filed by Plaintiff Ramtin Zakikhani. (Lenze, Jennifer)
August 27, 2020 Opinion or Order Filing 8 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #6 filed by Plaintiff Ramtin Zakikhani. (Lenze, Jennifer)
August 26, 2020 Opinion or Order Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Civil Cover Sheet, 2 Summons Hyundai Motor Company, 3 Summons Kia Motors Corporation are attached to the Complaint. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap)
August 26, 2020 Opinion or Order Filing 6 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap)
August 26, 2020 Opinion or Order Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonathan D Lindenfeld on behalf of Plaintiff. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap)
August 26, 2020 Opinion or Order Filing 4 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elizabeth A Fegan on behalf of Plaintiff. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap)
August 26, 2020 Opinion or Order Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
August 26, 2020 Opinion or Order Filing 2 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge John D. Early. (ghap)
August 25, 2020 Opinion or Order Filing 1 COMPLAINT Receipt No: ACACDC-27774528 - Fee: $400, filed by Plaintiff Ramtin Zakikhani. (Attachments: #1 Civil Cover Sheet, #2 Summons Hyundai Motor Company, #3 Summons Kia Motors Corporation) (Attorney Jennifer A Lenze added to party Ramtin Zakikhani(pty:pla))(Lenze, Jennifer)

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Search for this case: Ramtin Zakikhani v. Hyundai Motor Company et al
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Defendant: Kia Motors Corporation
Represented By: Lance A Etcheverry
Represented By: Caroline Williams Van Ness
Represented By: Michael Clemens Minahan
Represented By: John H Beisner
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Defendant: Hyundai Motor America
Represented By: Lance A Etcheverry
Represented By: Caroline Williams Van Ness
Represented By: John H Beisner
Represented By: Michael Clemens Minahan
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Defendant: Hyundai Motor Company, -
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Defendant: Kia Motors America, Inc.
Represented By: Lance A Etcheverry
Represented By: Caroline Williams Van Ness
Represented By: Michael Clemens Minahan
Represented By: John H Beisner
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Defendant: Hyundai Motor Company
Represented By: Lance A Etcheverry
Represented By: Caroline Williams Van Ness
Represented By: Michael Clemens Minahan
Represented By: John H Beisner
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Defendant: Kia Corporation
Represented By: John H Beisner
Represented By: Lance A Etcheverry
Represented By: Michael Clemens Minahan
Represented By: Caroline Williams Van Ness
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Plaintiff: Ramtin Zakikhani
Represented By: Jennifer A Lenze
Represented By: Amanda Deanne McGee
Represented By: Elizabeth A. Fegan
Represented By: John B Goplerud
Represented By: Megan E. Shannon
Represented By: Brian O. Marty
Represented By: Jonathan M. Jagher
Represented By: Jennifer A. Lenze
Represented By: Katrina Carroll
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
Represented By: Brian M. Hogan
Represented By: Jonathan D. Lindenfeld
Represented By: Todd D Carpenter
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Plaintiff: Kimberly Elzinga
Represented By: Jonathan D. Lindenfeld
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
Represented By: Brian O. Marty
Represented By: Elizabeth A. Fegan
Represented By: Jennifer A. Lenze
Represented By: Amanda Deanne McGee
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Plaintiff: Steven Osterman
Represented By: Amanda Deanne McGee
Represented By: Elizabeth A. Fegan
Represented By: Jennifer A. Lenze
Represented By: Brian O. Marty
Represented By: Jonathan D. Lindenfeld
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Plaintiff: Theodore Maddox, Jr.
Represented By: Elizabeth A. Fegan
Represented By: Jennifer A. Lenze
Represented By: Amanda Deanne McGee
Represented By: Brian O. Marty
Represented By: Jonathan D. Lindenfeld
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
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Plaintiff: Michael Summa
Represented By: Brian O. Marty
Represented By: Elizabeth A. Fegan
Represented By: Jennifer A. Lenze
Represented By: Amanda Deanne McGee
Represented By: Jonathan D. Lindenfeld
Represented By: Steve W Berman
Represented By: Rachel E. Fitzpatrick
Represented By: Thomas E Loeser
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Plaintiff: Kecia Taylor
Represented By: Jennifer A. Lenze
Represented By: Amanda Deanne McGee
Represented By: Elizabeth A. Fegan
Represented By: Brian O. Marty
Represented By: Jonathan D. Lindenfeld
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Plaintiff: Jacqueline Washington
Represented By: Steve W Berman
Represented By: Thomas E Loeser
Represented By: Jonathan D. Lindenfeld
Represented By: Jennifer A. Lenze
Represented By: Elizabeth A. Fegan
Represented By: Rachel E. Fitzpatrick
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Plaintiff: Elaine Peacock
Represented By: Jennifer A. Lenze
Represented By: Elizabeth A. Fegan
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
Represented By: Jonathan D. Lindenfeld
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Plaintiff: Melody Irish
Represented By: Jonathan D. Lindenfeld
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
Represented By: Jennifer A. Lenze
Represented By: Elizabeth A. Fegan
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Plaintiff: Patti Talley
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Jennifer A. Lenze
Represented By: Elizabeth A. Fegan
Represented By: Thomas E Loeser
Represented By: Jonathan D. Lindenfeld
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Plaintiff: Ana Olaciregui
Represented By: Rachel E. Fitzpatrick
Represented By: Thomas E Loeser
Represented By: Jennifer A. Lenze
Represented By: Elizabeth A. Fegan
Represented By: Steve W Berman
Represented By: Jonathan D. Lindenfeld
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Plaintiff: Donna Tinsley
Represented By: Jonathan D. Lindenfeld
Represented By: Elizabeth A. Fegan
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
Represented By: Jennifer A. Lenze
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Consolidated plaintiff: Brenda Evans
Represented By: Elizabeth A. Fegan
Represented By: Jonathan D. Lindenfeld
Represented By: Rachel E. Fitzpatrick
Represented By: Christopher Pitoun
Represented By: Steve W Berman
Represented By: Thomas E Loeser
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Consolidated plaintiff: Kericha Kennedy
Represented By: Jonathan D. Lindenfeld
Represented By: Steve W Berman
Represented By: Rachel E. Fitzpatrick
Represented By: Thomas E Loeser
Represented By: Christopher Pitoun
Represented By: Elizabeth A. Fegan
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Consolidated plaintiff: Minda Briaddy
Represented By: Elizabeth A. Fegan
Represented By: Christopher Pitoun
Represented By: Jonathan D. Lindenfeld
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
Represented By: Thomas E Loeser
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Consolidated plaintiff: Anthony Vacchio
Represented By: Thomas E Loeser
Represented By: Christopher Pitoun
Represented By: Elizabeth A. Fegan
Represented By: Jonathan D. Lindenfeld
Represented By: Rachel E. Fitzpatrick
Represented By: Steve W Berman
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Consolidated plaintiff: Adam Pluskowski
Represented By: Rosanne L. Mah
Represented By: Rosemary M Rivas
Represented By: Steve W Berman
Represented By: David K Stein
Represented By: Elizabeth A. Fegan
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Consolidated plaintiff: Ricky Barber
Represented By: Steve W Berman
Represented By: Rosanne L. Mah
Represented By: David K Stein
Represented By: Rosemary M Rivas
Represented By: Elizabeth A. Fegan
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Consolidated plaintiff: Lucille Jacob
Represented By: Rosemary M Rivas
Represented By: Steve W Berman
Represented By: David K Stein
Represented By: Rosanne L. Mah
Represented By: Elizabeth A. Fegan
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Consolidated plaintiff: Carla Ward
Represented By: Rosanne L. Mah
Represented By: Rosemary M Rivas
Represented By: Steve W Berman
Represented By: David K Stein
Represented By: Elizabeth A. Fegan
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Consolidated plaintiff: Pepper Miller
Represented By: Rosemary M Rivas
Represented By: Steve W Berman
Represented By: David K Stein
Represented By: Rosanne L. Mah
Represented By: Elizabeth A. Fegan
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Consolidated plaintiff: Cindy Brady
Represented By: Rosanne L. Mah
Represented By: Rosemary M Rivas
Represented By: Steve W Berman
Represented By: David K Stein
Represented By: Elizabeth A. Fegan
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Consolidated defendant: Kia America Inc
Represented By: John H Beisner
Represented By: Lance A Etcheverry
Represented By: Michael Clemens Minahan
Represented By: Caroline Williams Van Ness
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Not classified by court: Walter D. Leen, Jr.
Represented By: Jeffrey Spitz
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Not classified by court: Michael A. Graham
Represented By: Jeffrey Spitz
Represented By: Paul S. Rothstein
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