Erica Loburgio et al v. KIA America, Inc. et al
| Ms. Erica Loburgio, Anthony Loburgio, Michael Flannagan and Jessica Mitchell |
| Kia America Inc, Hyundai Motor America and Hyundai Kia America Technical Center, Inc. |
| 8:2022cv02293 |
| December 22, 2022 |
| US District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Prop. Damage Prod. Liability |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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| Filing 31 Letter to Counsel regarding MDL Transfer-In. (et) |
| Filing 30 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (et) |
| Filing 28 ORIGINAL file, certified copy of transfer order and docket sheet received from Illinois Northern |
| Filing 29 Copy of Transfer Order received from the Judicial Panel on Multidistrict Litigation. Transfer order filed by MDL panel on 12/13/2022 regarding transfer of Case No. 1:22-cv-04071 JJT from USDC Northern District of Illinois (Chicago). Case assigned to Judge James V. Selna for the purpose of pretrial proceedings. Case consolidated with 8:22-ml-03052-JVS (KESx). (et) |
| Filing 27 TRANSFERRED to the Central District the electronic record. (daj, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 26 CONDIIONAL TRANSFER ORDER from MDL Panel transferring case to the Central District of California. (daj, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Civil Case Terminated pursuant to MDL 3052 Conditional Transfer Order filed 12/13/2022 (daj, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion for extension of time #24 is granted. Defendants' answers or responsive pleadings are due by 12/20/2022. Mailed notice (air, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 24 MOTION by Defendants Hyundai Kia America Technical Center, Inc., Hyundai Motor America, KIA America, Inc. for extension of time (Joint) (Brennan, Peter) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 23 SUMMONS Returned Executed by Erica Loburgio, Michael Flannagan, Jessica Mitchell, Anthony Loburgio as to KIA America, Inc. on 11/9/2022, answer due 11/30/2022. (Mulholland, Toby) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 22 SUMMONS Returned Executed by Erica Loburgio, Michael Flannagan, Jessica Mitchell, Anthony Loburgio as to Hyundai Kia America Technical Center, Inc. on 11/8/2022, answer due 11/29/2022. (Stanley, Kevin) [Transferred from Illinois Northern on 12/27/2022.] |
| SUMMONS Issued as to Defendants Hyundai Kia America Technical Center, Inc., Hyundai Motor America, KIA America, Inc. (smb, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 21 Summons for Clerk Signature by Michael Flannagan, Anthony Loburgio, Erica Loburgio, Jessica Mitchell Hyundai Kia America Technical Center (Soper, Jonathan) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 20 Summons for Clerk Signature by Michael Flannagan, Anthony Loburgio, Erica Loburgio, Jessica Mitchell Hyundai Motor America (Soper, Jonathan) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 19 Summons for Clerk Signature by Michael Flannagan, Anthony Loburgio, Erica Loburgio, Jessica Mitchell on Kia America, Inc (Soper, Jonathan) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 18 NOTICE of HEARING SESSION by Judicial Panel on Multidistrict Litigation. (gcy, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 17 Summons for Clerk Signature by Michael Flannagan, Anthony Loburgio, Erica Loburgio, Jessica Mitchell (Soper, Jonathan) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 16 Summons for Clerk Signature by Michael Flannagan, Anthony Loburgio, Erica Loburgio, Jessica Mitchell (Soper, Jonathan) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 15 Summons for Clerk Signature by Michael Flannagan, Anthony Loburgio, Erica Loburgio, Jessica Mitchell (Soper, Jonathan) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Chelsea McClain Pierce's motion for leave to appear pro hac vice #13 is granted. Counsel is directed to file her appearance on behalf of the plaintiffs. Mailed notice (air, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19871195. (Attachments: #1 Exhibit Certificate of Good Standing)(Mulholland, Toby) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 12 PETITION by Plaintiff McNerney for transfer and consolidation of related actions in the Central District of California under 28 U.S.C. 1407. (daj, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 11 AMENDED complaint by Erica Loburgio, Anthony Loburgio, Jessica Mitchell against All Defendants (Stanley, Kevin) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 10 ATTORNEY Appearance for Plaintiffs Michael Flannagan, Anthony Loburgio, Erica Loburgio by Toby Patrick Edwin Mulholland by Jonathan M. Soper (Mulholland, Toby) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 9 ATTORNEY Appearance for Plaintiffs Michael Flannagan, Anthony Loburgio, Erica Loburgio by Kevin D. Stanley (Stanley, Kevin) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Jonathan M. Soper's motion for leave to appear pro hac vice #4 is granted. Counsel is directed to file his appearance on behalf of the plaintiffs. Mailed notice (air, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Kevin D. Stanley's motion for leave to appear pro hac vice #4 is granted. Counsel is directed to file his appearance on behalf of the plaintiffs. Mailed notice (air, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19757557. (Attachments: #1 Exhibit Certificate of Good Standing)(Mulholland, Toby) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: On the court's own motion, the complaint is dismissed without prejudice for lack of subject matter jurisdiction. Plaintiffs allege the citizenships of the defendants on the basis of "information and belief." That is insufficient to invoke diversity jurisdiction. See Qin v. Deslongchamps, 31 F.4th 576, 578 (7th Cir. 2022) (citing Page v. Wright, 116 F.2d 449, 451 (7th Cir. 1940); Pharmerica Corp. v. Crestwood Care, LLC, No. 13 C 1422, 2015 WL 1006683, at *3 (N.D. Ill. Mar. 2, 2015) ("[I]t is not sufficient to assert jurisdiction based on information and belief nor is it sufficient to negatively aver that the person or entity is not a citizen of Delaware or Kentucky."). The Court orders the plaintiffs to file an amended complaint affirmatively alleging the citizenship of all parties by August 31, 2022. Failure to timely amend will result in dismissal of this case. Mailed notice (air, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19749795. (Stanley, Kevin) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 3 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John J. Tharp, Jr for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case pursuant to the provisions of 28 USC 294(b). Signed by Executive Committee on 08/05/2022.(daj, ) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 2 COMPLAINT Class Action Complaint & Demand for Jury Trial filed by Erica Loburgio, Michael Flannagan, Anthony Loburgio; jury demand. Filing fee $ 402, receipt number AILNDC-19714311.(Mulholland, Toby) [Transferred from Illinois Northern on 12/27/2022.] |
| Filing 1 Civil Cover Sheet by Michael Flannagan, Anthony Loburgio, Erica Loburgio (Mulholland, Toby) [Transferred from Illinois Northern on 12/27/2022.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) [Transferred from Illinois Northern on 12/27/2022.] |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (smb, ) [Transferred from Illinois Northern on 12/27/2022.] |
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