Rita Day v. Kia America, Inc. et al
| Rita Day |
| Kia America Inc, Hyundai Motor America and Hyundai Kia America Technical Center, Inc. |
| 8:2022cv02296 |
| December 22, 2022 |
| US District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Motor Vehicle Prod. Liability |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
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 Kentucky Eastern |
| 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. 5:22-cv-00202-KKC from USDC Eastern District of Kentucky (Lexington). 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 CERTIFIED TRANSFER ORDER received from Central District of California re: Case Transfer to the MDL Panel pursuant to CTO No. 8:22-ml-3052-JVS-KESx filed in MDL Case Number 3052. (JLM)cc: COR [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 26 NOTICE TO ATTORNEY Alice S. Kim by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Admission Pkt)(JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Attorney Update. Attorney Alice S. Kim for Hyundai Kia America Technical Center, Inc.,Alice S. Kim for Hyundai Motor America,Alice S. Kim for Kia America, Inc. added. (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #25 JOINT MOTION to Stay by Hyundai Kia America Technical Center, Inc., Hyundai Motor America, Kia America, Inc. (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 25 JOINT MOTION to Stay by Hyundai Kia America Technical Center, Inc., Hyundai Motor America, Kia America, Inc. (Attachments: #1 Exhibit 1 - Transfer Order, #2 Proposed Order)(Osterloh, Morgan) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 24 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 3052 (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 23 SUMMONS Returned Executed by Rita Day via Special Process Server to RA to (Soper, Jonathan) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 22 Proposed Order #20 Approving Motion for Pro Hac Vice of Chelsea McClain Pierce by Rita Day. (Futscher, David) Modified on 9/29/2022 (GLD). Modified on 9/29/2022 (GLD). [Transferred from Kentucky Eastern on 12/27/2022.] |
Filing 21
ORDER: Chelsea M. Pierce's #20 Motion to Appear Pro Hac Vice is GRANTED. The Court DIRECTS the attorney to Local Civil Rule 7.1(e), which requires that a party filing a motion must also file a separate proposed order. Signed by Judge Karen K. Caldwell on 09/26/2022. (MDC) cc: COR and Chelsea M. Pierce by US Mail [Transferred from Kentucky Eastern on 12/27/2022.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #20 MOTION for Chelsea McClain Pierce to Appear Pro Hac Vice by Rita Day. (MDC) [Transferred from Kentucky Eastern on 12/27/2022.] |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Chelsea M. Pierce: re #21 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Chelsea M. Pierce (MDC) [Transferred from Kentucky Eastern on 12/27/2022.] |
| BAR STATUS Check completed as to Chelsea M. Pierce re #20 MOTION for Chelsea McClain Pierce to Appear Pro Hac Vice by Rita Day.(MDC) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 20 MOTION for Chelsea McClain Pierce to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5371117) (Attachments: #1 Exhibit Certificate of Good Standing)(Futscher, David) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 19 DUPLICATE SUMMONS Returned Executed by Rita Day via SPS to RA to Hyundai Motor America served on 8/23/2022, answer due 12/20/2022. (Soper, Jonathan) Modified to state duplicate entry as to DE #18 on 9/20/2022 (JLM). [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 18 SUMMONS Returned Executed by Rita Day via SPS to RA to Hyundai Motor America served on 8/23/2022, answer due 12/20/2022. (Soper, Jonathan) Modified on 9/20/2022 (JLM). [Transferred from Kentucky Eastern on 12/27/2022.] |
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Filing 17
ORDER: re #15 Agreed Motion for Extension of Time. Defendants' deadline to file their responsive pleadings shall be and is extended until December 20, 2022. Signed by Judge Karen K. Caldwell on 9/12/22. (JLM)cc: COR, Pierce, Brody and Brennan by U.S. mail. Modified on 9/12/2022 (JLM). [Transferred from Kentucky Eastern on 12/27/2022.]
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| Attorney Update. Attorney Donald C. Morgan, Michael T. Brody, Peter J. Brennan for Hyundai Kia America Technical Center, Inc., Donald C. Morgan, Michael T. Brody, Peter J. Brennan for Hyundai Motor America, Donald C. Morgan, Michael T. Brody, Peter J. Brennan for Kia America, Inc. added. (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #15 UNOPPOSED MOTION for Extension of Time by Rita Day (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 16 NOTICE OF APPEARANCE by Hyundai Kia America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Osterloh, Morgan) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 15 UNOPPOSED MOTION for Extension of Time by Rita Day (Attachments: #1 Proposed Order Order for Ext of Time)(Futscher, David) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 14 SUMMONS Returned Executed by Rita Day via Registered Agent - personal to Kia America, Inc. served on 8/23/2022, answer due 9/13/2022. (Futscher, David) [Transferred from Kentucky Eastern on 12/27/2022.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #3 Notice to Attorney Kenneth McClain, #6 Notice to Attorney Chelsea M. Pierce. No admission application or PHV received. (JER) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 13 SUMMONS Returned Executed by Rita Day via Private Process Server to Hyundai Kia America Technical Center, Inc. served on 8/19/2022, answer due 9/9/2022. (Soper, Jonathan) [Transferred from Kentucky Eastern on 12/27/2022.] |
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Filing 12
ORDER: granting #11 Motion to Appear Pro Hac Vice for Kevin D. Stanley. Signed by Judge Karen K. Caldwell on 8/18/22. (JLM)cc: COR [Transferred from Kentucky Eastern on 12/27/2022.]
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| NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO David A. Futscher; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| BAR STATUS Check completed as to Kevin D. Stanley re #11 MOTION for Kevin D. Stanley to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5341370). (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #11 MOTION for Kevin D. Stanley to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5341370) (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 11 MOTION for Kevin D. Stanley to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5341370) (Attachments: #1 Proposed Order Proposed Order)(Futscher, David) [Transferred from Kentucky Eastern on 12/27/2022.] |
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Filing 10
ORDER: granting #9 Motion to Appear Pro Hac Vice for Jonathan M. Soper. The Court DIRECTS the attorney to Local Civil Rule 7.1(e), which requires that a party filing a motion must also file a separate proposed order. Signed by Judge Karen K. Caldwell on 8/17/22. (JLM)cc: COR and Jonathan M. Soper by US Mail [Transferred from Kentucky Eastern on 12/27/2022.]
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| NOTICE OF DEFICIENCY TO David A. Futscher re #9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry.cc: COR (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jonathan M. Soper: A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jonathan M. Soper (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5339633) (Attachments: #1 Exhibit Certificate of Good Standing)(Futscher, David) [Transferred from Kentucky Eastern on 12/27/2022.] |
| BAR STATUS Check completed re #9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5339633). (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5339633) (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 8 Summons Issued as to Hyundai Kia America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.; Summons issued and returned to counsel electronically (Attachments: #1 Summons HMA, #2 Summons HKATCI)(JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to David A. Futscher: It appears the address listed on your filing #7 Notice of Filing, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (JLM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 7 NOTICE OF FILING by Rita Day Summons (Attachments: #1 Summons for Service of Kia America, Inc., #2 Summons for Service of Hyundai Kia America Technical Center, Inc., #3 Summons for Service of Hyundai Motor America)(Futscher, David) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 6 NOTICE TO ATTORNEY Chelsea M. Pierce by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 5 NOTICE TO ATTORNEY Kevin D. Stanley by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 4 NOTICE TO ATTORNEY Jonathan M. Soper by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 3 NOTICE TO ATTORNEY Kenneth B. McClain by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5328298), filed by Rita Day. (Attachments: #1 Civil Cover Sheet)(SAM) [Transferred from Kentucky Eastern on 12/27/2022.] |
| NOTICE OF DEFICIENCY TO David Futscher re #1 Complaint; attorney notified clerk the summons should be returned electronically; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number 22-99999. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a document entitled Notice of Filing with the prepared summons as an attachment within 7 calendar days. (SAM) Modified on 8/4/2022 (SAM). [Transferred from Kentucky Eastern on 12/27/2022.] |
| Conflict Check run. (SAM) [Transferred from Kentucky Eastern on 12/27/2022.] |
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