Stefanie Marvin v. Kia America Inc et al
| Stefanie Marvin, Katherine Wargin, Chaid Przybelski, Chad Just, Amy Flasch and Lydia Davis |
| Kia America Inc, Hyundai Motor America, Hyundai America Technical Center, Inc., Fictitious Kia Defendants, A-C and Fictitious Hyundai Defendants A-C |
| 8:2022cv02304 |
| December 22, 2022 |
| US District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 54 Letter to Counsel regarding MDL Transfer-In. (et) |
| Filing 53 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (et) |
| Filing 51 ORIGINAL file, certified copy of transfer order and docket sheet received from Wisconsin Eastern |
| Filing 52 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. 2:21-cv-01146-PP from USDC Eastern District of Wisconsin (Milwaukee). Case assigned to Judge James V. Selna for the purpose of pretrial proceedings. Case consolidated with 8:22-ml-03052-JVS (KESx). (et) |
Filing 50
Order to Transfer Case to Central District of California. (cc: all counsel)(amb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 49 REPLY BRIEF in Support filed by All Plaintiffs re #36 MOTION Motion To Take Judicial Notice Of Publicly Available Information . (Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 48
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 11/8/2022 re #46 Stipulation Modifying Briefing Schedule on Plaintiff's Motion to Take Judicial Notice and #47 Joint Motion to Modify Briefing Schedule on Plaintiff's Motion to Take Judicial Notice. The court APPROVES the parties' stipulation and GRANTS the joint motion to modify the briefing schedule. The court ORDERS that the time for the plaintiffs to file a reply in support of their motion to take judicial notice is EXTENDED until the end of the day on November 22, 2022. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 47 Joint MOTION to Modify Briefing Schedule on Plaintiffs' Motion to Take Judicial Notice by All Plaintiffs. (Attachments: #1 Text of Proposed Order Modifying Briefing Schedule on Plaintiffs' Motion to Take Judicial Notice)(Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 46 STIPULATION Modifying Briefing Schedule on Plaintiffs' Motion to Take Judicial Notice by All Plaintiffs. (Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 45 RESPONSE to Motion filed by Hyundai America Technical Center Inc, Hyundai Motor America, Kia America Inc re #36 MOTION Motion To Take Judicial Notice Of Publicly Available Information . (Brennan, Peter) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 44 DOCUMENTS RECEIVED from United States Judicial Panel. Courtesy copy of notice of hearing. (amb) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 43 NOTICE of Cancellation of Hearing: The motion hearing currently set for 11/29/2022 at 9:30 AM is REMOVED from the court's calendar. If necessary, the court will re-set the hearing at a later date. (cc: all counsel) (cb) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 42 DOCUMENTS RECEIVED re MDL No. 3052 from Baron & Budd PC (edr) Modified on 10/4/2022 (bx). [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 41
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 9/15/2022 re #39 Stipulation and #40 Joint Motion to Approve Stipulation. The court GRANTS the motion and APPROVES the parties' stipulation for an extension of time. The court ORDERS that the time for the defendants to file a response to the plaintiff's motion to take judicial notice is EXTENDED until the end of the day on October 28, 2022. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 40 Joint MOTION for Order / Joint Motion to Approve Stipulation by Hyundai America Technical Center Inc, Hyundai Motor America, Kia America Inc. (Attachments: #1 Text of Proposed Order)(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 39 STIPULATION to Extend Deadline by Hyundai America Technical Center Inc, Hyundai Motor America, Kia America Inc. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 38 NOTICE of CHANGE OF HEARING: Hearing on #19 #21 defendants' motions to dismiss re-set for 11/29/2022 at 9:30 AM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 888-557-8511 and entering access code 4893665#. Note: this hearing was originally set for 9/6/2022 and is being re-scheduled due to a conflict on the court's calendar.(cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 37 DECLARATION of James B. Barton In Support Of Motion To Take Judicial Notice Of Publicly Available Information (Attachments: #1 Exhibit 1 - 2021 Hot Wheels Report, #2 Exhibit 2 - VanWagenen Article (Wis.), #3 Exhibit 3 - Williams Article (Wis.), #4 Exhibit 4 - Fox 6 News Article (Wis.), #5 Exhibit 5 - Insider Article (Natl.), #6 Exhibit 6 - Miami Herald Article (Natl.), #7 Exhibit 7 - Motor Biscuit Article (Natl.), #8 Exhibit 8 - Mapp Article (Fla.), #9 Exhibit 9 - Louie Article (Ga.), #10 Exhibit 10 - Ahmad Article (Ill.), #11 Exhibit 11 - Kransz Article (Mich.), #12 Exhibit 12 - Schmidt Article (Minn.), #13 Exhibit 13 - Byers Article (Mo.), #14 Exhibit 14 - Henry Article (Ohio), #15 Exhibit 15 - Le Article (Minn.), #16 Exhibit 16 - WBNS Article (Ohio))(Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 36 MOTION Motion To Take Judicial Notice Of Publicly Available Information by All Plaintiffs. (Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 35 AMENDED COMPLAINT Redacted with Jury Demand against All Defendants filed by Amy Flasch, Katherine Wargin, Chad Just, Lydia Davis, Stefanie Marvin, Chaid Przybelski. (Attachments: #1 Exhibit A - Fed. Reg. 1968, #2 Exhibit B - Fed. Reg. 2006, #3 Exhibit C - Fed. Reg. 2004, #4 Exhibit D - Kia Warranty, #5 Exhibit E - Kia Marketing Material, #6 Exhibit F - Hyundai Warranty, #7 Exhibit G - Hyundai Marketing Material, #8 Exhibit H - Fed. Reg. 1997, #9 Exhibit I - Fed. Reg. 2021, #10 Exhibit J - Aldermen Ltr. to Kia, #11 Exhibit K - Aldermen Ltr. to Hyundai, #12 Exhibit L - Azera Petition, #13 Exhibit M - Genesis Petition, #14 Exhibit N - Amanti Petition, #15 Exhibit O - Young Article, #16 Exhibit P - Mustang Petition, #17 Exhibit Q - Equus Petition, #18 Exhibit R - Ioniq Petition, #19 Exhibit S - Niro Petition)(Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 34
ORDER signed by Chief Judge Pamela Pepper on 5/31/2022. #10 Plaintiffs' motion to join additional class representatives GRANTED; Clerk of Court to add Chaid Przybelski, Chad Just, Amy Flasch, Lydia Davis to docket as plaintiffs. #11 Plaintiffs' motion to restrict amended complaint GRANTED; amended complaint at dkt. no. 12 to remain RESTRICTED to case participants and the court. #26 Parties' stipulation to file redacted amended complaint APPROVED and #27 plaintiffs' motion to file redacted amended complaint GRANTED; plaintiffs to file redacted amended complaint and unredacted versions of Exhibits A-S. Motion Hearing on defendants' motions to dismiss, dkt. nos. 19, 21, set for 9/6/2022 at 3:00 PM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 888-557-8511 and entering access code 4893665#. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 33 NOTICE of Withdrawal by Michael T Brody on behalf of Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc..Attorney Vaughn E. Olson to be termed. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 32 REPLY BRIEF in Support filed by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc. re #19 MOTION to Dismiss / Defendants Kia America, Inc. and Hyundai Motor America's Motion to Dismiss Plaintiffs' Amended Complaint re #12 , #21 MOTION to Dismiss / Defendant Hyundai Kia America Technical Center, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint re #12 / Omnibus Reply in Support of Defendants Kia America, Inc. and Hyundai Motor America's Motion to Dismiss and Defendant Hyundai Kia America Technical Center, Inc.'s Motion to Dismiss. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 31 DECLARATION of James B. Barton (Attachments: #1 Exhibit 1 - 2009 NHTSA Ltr., #2 Exhibit 2 - 2011 HATCI Ltr., #3 Exhibit 3 - May 2021 HATCI Ltr., #4 Exhibit 4 - Sept. 2021 HATCI Ltr., #5 Exhibit 5 - Elantra Brochure, #6 Exhibit 6 - Forte Brochure, #7 Exhibit 7 - Sportage Brochure)(Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 30 RESPONSE to Motion filed by All Plaintiffs re #19 MOTION to Dismiss / Defendants Kia America, Inc. and Hyundai Motor America's Motion to Dismiss Plaintiffs' Amended Complaint re #12 , #21 MOTION to Dismiss / Defendant Hyundai Kia America Technical Center, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint re #12 . (Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 29
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 2/25/2022 re #28 Plaintiffs' Motion to Extend Page Limit for Omnibus Response Brief in Opposition to Defendants' Motions to Dismiss. The court GRANTS the plaintiffs' motion to the extent that the plaintiffs may file an omnibus response brief of no more than 40 pages; the defendants may file an omnibus reply brief of no more than 20 pages.Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 28 MOTION for Leave to File Excess Pages for Omnibus Response Brief in Opposition to Defendants' Motions to Dismiss by All Plaintiffs. (Attachments: #1 Text of Proposed Order To Extend Page Limitations for Briefing on Defendants' Motions to Dismiss)(Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 27 MOTION for Leave to File Redacted Amended Complaint by All Plaintiffs. (Attachments: #1 Text of Proposed Order To Approve Filing Redacted Amended Complaint)(Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 26 STIPULATION on Filing Redacted Amended Complaint by All Plaintiffs. (Attachments: #1 Exhibit A - Redacted Amended Complaint)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 25
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 2/11/2022 re #23 Stipulation Modifying Briefing Schedule on Defendants' Motions to Dismiss and #24 Joint Motion to Modify Briefing Schedule on Defendants' Motions to Dismiss. The court APPROVES the parties' stipulation and GRANTS the joint motion to modify the briefing schedule. The court ORDERS that the time for the plaintiff to file a response to the defendants' motions to dismiss is EXTENDED until the end of the day on February 28, 2022; the time for the defendants to file replies in support of their motions is EXTENDED until the end of the day on March 25, 2022. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 24 Joint MOTION to Modify Briefing Schedule on Defendants' Motions to Dismiss by All Plaintiffs. (Attachments: #1 Text of Proposed Order Modifying Briefing Schedule on Defendants' Motions to Dismiss)(Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 23 STIPULATION Modifying Briefing Schedule on Defendants' Motions to Dismiss by All Plaintiffs. (Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 22 BRIEF in Support filed by Hyundai America Technical Center, Inc. re #21 MOTION to Dismiss / Defendant Hyundai Kia America Technical Center, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint re #12 / Memorandum of Law in Support of Defendant Hyundai Kia America Technical Center, Inc.'s Motion to Dismiss. (Attachments: #1 Text of Proposed Order)(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 21 MOTION to Dismiss / Defendant Hyundai Kia America Technical Center, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint re #12 by Hyundai America Technical Center, Inc.. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 20 BRIEF in Support filed by Hyundai Motor America, Kia America, Inc. re #19 MOTION to Dismiss / Defendants Kia America, Inc. and Hyundai Motor America's Motion to Dismiss Plaintiffs' Amended Complaint re #12 / Memorandum of Law in Support of Defendants Kia America, Inc. and Hyundai Motor America's Motion to Dismiss. (Attachments: #1 Text of Proposed Order)(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 19 MOTION to Dismiss / Defendants Kia America, Inc. and Hyundai Motor America's Motion to Dismiss Plaintiffs' Amended Complaint re #12 by Hyundai Motor America, Kia America, Inc.. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 18
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/10/2021 re #16 Stipulation and #17 Joint Motion to Approve Stipulation. The court APPROVES the parties' stipulation to amend the briefing schedule and GRANTS their motion to enter an order approving the stipulation. The court ORDERS that by the end of the day on December 22, 2021, the defendants will file a responsive pleading to the amended complaint and the motion to join additional class representatives and the defendants will file a response to the plaintiffs' motion to restrict a court document; by the end of the day on January 31, 2022, the plaintiffs will file any reply in support of their motion to restrict a court document; by the end of the day on February 21, 2021, the plaintiffs will file any reply in support of their motion to join additional class representatives and the plaintiffs will file any response to the defendants' motions to dismiss the amended complaint; by the end of the day on March 18, 2022, the defendants will file any reply in support of their motion to dismiss the amended complaint. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 17 Joint MOTION for Order Approving Stipulation by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Attachments: #1 Text of Proposed Order)(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 16 STIPULATION by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 15
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 11/8/2021 re #13 Stipulation and #14 Joint Motion to Approve Stipulation. The court GRANTS the joint motion and APPROVES the stipulation. The court ORDERS that the defendants' response to the plaintiffs' motion and supporting memorandum to join additional class representatives is due by the end of the day on December 15, 2021 as part of their response to the amended complaint; the plaintiffs may file any reply by the end of the day on February 7, 2021. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 14 Joint MOTION for Order Approving Stipulation by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Attachments: #1 Proposed Order)(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 13 STIPULATION by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 12 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Stefanie Marvin, Katherine Wargin. (Attachments: #1 Complaint Amended Complaint (Unredacted), #2 Exhibit A - Fed. Reg 1968, #3 Exhibit B - Fed. Reg. 2006, #4 Exhibit C - Fed Reg. 2004, #5 Exhibit D - Kia Warranty, #6 Exhibit E - Kia Marketing Materials, #7 Exhibit F - Hyundai Warranty, #8 Exhibit G - Hyundai Marketing Material, #9 Exhibit H - Fed. Reg. 1997, #10 Exhibit I - Fed. Reg. 2021, #11 Exhibit J - Aldermen Ltr. to Kia, #12 Exhibit K - Aldermen Ltr. to Hyundai, #13 Exhibit L - Azera Petition, #14 Exhibit M - Genesis Petition, #15 Exhibit N - Amanti Petition, #16 Exhibit O - Young Article, #17 Exhibit P - Mustang Petition, #18 Exhibit Q - Equus Petition, #19 Exhibit R - Ioniq Petition, #20 Exhibit S - Niro Petition)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 11 MOTION to Restrict Document Amended Complaint by All Plaintiffs. (Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 10 MOTION to Add Party Proposed Class Representatives by All Plaintiffs. (Barton, James) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 9 NOTICE of Appearance by Vaughn E Olson on behalf of Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. Attorney(s) appearing: Vaughn E. Olson (Olson, Vaughn) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 8 NOTICE of Appearance by Peter J Brennan on behalf of Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. Attorney(s) appearing: Peter J. Brennan (Brennan, Peter) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 7 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Greenberg, Joshua) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 6 Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
|
Filing 5
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 10/13/2021 re #3 Stipulation and #4 Joint Motion to Approve Stipulation. The court GRANTS the parties' motion and APPROVES the stipulation regarding scheduling. The court ORDERS that the plaintiffs will file an amended complaint by November 4, 2021; the defendants will respond to the amended complaint, by motion or otherwise, by December 15, 2021; the plaintiffs will file a response to any motion by February 7, 2022; the defendants will file any reply by February 28, 2022. Along with their amended complaint, the plaintiffs will file a motion to seal all or portions of the amended complaint by November 4, 2021; the defendants will file any response to the motion to seal by December 15, 2021; the plaintiffs will file any reply in support of the motion to seal by January 17, 2022. Note: there is no document associated with this text only order. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 12/27/2022.]
|
| Filing 4 Joint MOTION for Order Approving Stipulation by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Attachments: #1 Text of Proposed Order)(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 3 STIPULATION by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 2 DISCLOSURE Statement by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| Filing 1 NOTICE OF REMOVAL by Hyundai America Technical Center, Inc., Hyundai Motor America, Kia America, Inc. from Milwaukee County Circuit Court, Case Number: 2021CV003759 with attached state court documents. (Filing Fee PAID $402 receipt number AWIEDC-3938412) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Sealed Unredacted Complaint and Summons, #3 Exhibit B - Redacted Complaint, #4 Exhibit C - State Court Motion to Seal Briefing, #5 Exhibit D - State Court Confidential Disclosure of Information Form, #6 Exhibit E - Proof of Service)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Brody, Michael) [Transferred from Wisconsin Eastern on 12/27/2022.] |
| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) [Transferred from Wisconsin Eastern on 12/27/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
