Alliance United Insurance Company et al v. Hyundai Motor America et al
| Alliance United Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Alpha Property and Casualty Insurance Company, Infinity County Mutual Insurance Company, Financial Indemnity Company, Unitrin Safeguard Insurance Company, Kemper Independence Insurance Company, Infinity Auto Insurance Company and Unitron Auto and Home Insurance Company |
| Kia Corporation, Hyundai Motor America, Hyundai Motor Company and Kia America, Inc. |
| 8:2024cv01137 |
| May 29, 2024 |
| U.S. District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| Tort Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 34 TRANSMITTAL of documents to Orange County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court. (twdb) |
| Filing 33 MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting #19 Plaintiffs' MOTIONS to Remand. For the reasons set forth above, the Court hereby REMANDS these cases to the Superior Court of Orange, California. Case Remanded to Orange County Superior Court. Case No. 30-2024-01401812-CU-PO-CJC. SEE DOCUMENT FOR FURTHER INFORMATION. MD JS-6. Case Terminated. (twdb) |
| Filing 32 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Motion to Remand #19 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for July 22, 2024 is removed from the calendar and the motion is TAKEN UNDER SUBMISSION. The Court accepts all briefings filed in this matter as of date and will not strike any briefings. No appearances are necessary on July 22, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY |
| Filing 31 NOTICE OF UNTIMELY REPLY BRIEF AND REQUEST TO STRIKE re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #19 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Morgan, Shon) |
| Filing 30 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #19 filed by Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infinity County Mutual Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Kemper Independence Insurance Company, Unitrin Safeguard Insurance Company, Unitron Auto and Home Insurance Company. (Peitzke, Megan) |
Filing 29
ORDER by District Judge David O. Carter GRANTING application of Non-Resident Attorney Elliott R. Feldman to Appear Pro Hac Vice on behalf of Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infi #27 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY
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| Filing 28 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Peitzke, Megan) |
| Filing 27 APPLICATION of Non-Resident Attorney Elliott R. Feldman to Appear Pro Hac Vice on behalf of Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infinity County Mutual Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Kemper Independence Insurance Company, Unitrin Safeguard Insurance Company, Unitron Auto and Home Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37808707) filed by Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infinity County Mutual Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Kemper Independence Insurance Company, Unitrin Safeguard Insurance Company, Unitron Auto and Home Insurance Company. (Attachments: #1 Proposed Order) (Peitzke, Megan) |
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Filing 26
ORDER by Judge David O. Carter, Granting Joint Scheduling Stipulation #23 . IT IS THEREFORE ORDERED that the scheduling conference scheduled on August 5, 2024, is continued. It will be rescheduled by the Court after it issues its order on Plaintiffs Motion to Remand. (twdb)
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Filing 25
ORDER by District Judge David O. Carter GRANTING application of Non-Resident Attorney Kevin P. Caraher to Appear Pro Hac Vice on behalf of Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infini #21 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY
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| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen P. Farkas counsel for Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. Adding Stephen P. Farkas as counsel of record for Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation for the reason indicated in the G-123 Notice. Filed by Defendants Hyundai Motor America; Hyundai Motor Company; Kia America, Inc.; Kia Corporation. (Attorney Stephen P. Farkas added to party Hyundai Motor America(pty:dft), Attorney Stephen P. Farkas added to party Hyundai Motor Company(pty:dft), Attorney Stephen P. Farkas added to party Kia America, Inc.(pty:dft), Attorney Stephen P. Farkas added to party Kia Corporation(pty:dft))(Farkas, Stephen) |
| Filing 23 Joint STIPULATION to Continue Scheduling Conference from August 5, 2024 to After the Court Decides Plaintiffs' Motion to Remand Re: Initial Order Setting R26 Scheduling Conference - form only #11 filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Attachments: #1 Proposed Order)(Morgan, Shon) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney John D Van Ackeren counsel for Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. Adding John D. Van Ackeren as counsel of record for Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation for the reason indicated in the G-123 Notice. Filed by Defendants Hyundai Motor America; Hyundai Motor Company; Kia America, Inc.; Kia Corporation. (Attorney John D Van Ackeren added to party Hyundai Motor America(pty:dft), Attorney John D Van Ackeren added to party Hyundai Motor Company(pty:dft), Attorney John D Van Ackeren added to party Kia America, Inc.(pty:dft), Attorney John D Van Ackeren added to party Kia Corporation(pty:dft))(Van Ackeren, John) |
| Filing 21 APPLICATION of Non-Resident Attorney Kevin P. Caraher to Appear Pro Hac Vice on behalf of Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infinity County Mutual Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Kemper Independence Insurance Company, Unitrin Safeguard Insurance Company, Unitron Auto and Home Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37765198) filed by Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infinity County Mutual Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Kemper Independence Insurance Company, Unitrin Safeguard Insurance Company, Unitron Auto and Home Insurance Company. (Attachments: #1 Proposed Order) (Peitzke, Megan) |
| Filing 20 OPPOSITION Defendants' Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #19 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Attachments: #1 Declaration Declaration of Shon Morgan In Support Of Opposition to Motion to Remand, #2 Exhibit Exhibit 1 to Declaration of Shon Morgan)(Morgan, Shon) |
| Filing 19 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company, Infinity Auto Insurance Company, Infinity County Mutual Insurance Company, Infinity Indemnity Insurance Company, Infinity Insurance Company, Kemper Independence Insurance Company, Unitrin Safeguard Insurance Company, Unitron Auto and Home Insurance Company. Motion set for hearing on 7/22/2024 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Of Points And Authorities ISO Plaintiffs' Motion to Remand Action to State Court, #2 Declaration of Megan R. Peitzke, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Exhibit D to Declaration, #7 Proposed Order Granting Motion) (Peitzke, Megan) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Edward Susolik counsel for Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. Adding Edward Susolik as counsel of record for Kia Corporation; Kia America, Inc.; Hyundai Motor Company; Hyundai Motor America for the reason indicated in the G-123 Notice. Filed by Defendants Kia Corporation; Kia America, Inc.; Hyundai Motor Company; Hyundai Motor America. (Attorney Edward Susolik added to party Hyundai Motor America(pty:dft), Attorney Edward Susolik added to party Hyundai Motor Company(pty:dft), Attorney Edward Susolik added to party Kia America, Inc.(pty:dft), Attorney Edward Susolik added to party Kia Corporation(pty:dft))(Susolik, Edward) |
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Filing 17
ORDER by Judge David O. Carter, Approving Joint Stipulation Regarding Service and Discovery #14 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 16
ORDER by Judge David O. Carter, Approving Joint Scheduling Stipulation. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 15
ORDER RE TRANSFER to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (Related Case) filed. Transfer of case declined by Judge Josephine L. Staton, for the reasons set forth on this order. Related Case No. 8:17-cv-00838-JLS-(JDEx) (dve)
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| Filing 14 STIPULATION for Discovery filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Attachments: #1 Proposed Order)(Morgan, Shon) |
| Filing 13 STIPULATION for Extension of Time to File Answer filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Attachments: #1 Proposed Order)(Morgan, Shon) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Brandon Thomas Posivak counsel for Plaintiffs Alliance United Insurance Company, Alpha Property and Casualty Insurance Company, Financial Indemnity Company. Adding Brandon Posivak as counsel of record for All Plaintiffs for the reason indicated in the G-123 Notice. Filed by All Plaintiffs All Plaintiffs. (Attorney Brandon Thomas Posivak added to party Alliance United Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Alpha Property and Casualty Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Financial Indemnity Company(pty:pla))(Posivak, Brandon) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 8/5/2024 at 08:30 AM before Judge David O. Carter. (kdu)
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Filing 10
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE by Judge David O. Carter. (kdu)
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin P. Caraher. 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 [email protected]. 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. (sh) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elliott R. Feldman. 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 [email protected]. 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. (sh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (sh) |
| NON-CONFORMED COPY OF COMPLAINT against Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation.(Filing fee $ 405) Jury Demanded., filed by Plaintiffs Infinity Indemnity Insurance Company, Financial Indemnity Company, Infinity Insurance Company, Unitron Auto and Home Insurance Company, Alpha Property and Casualty Insurance Company, Kemper Independence Insurance Company, Alliance United Insurance Company, Infinity Auto Insurance Company, Unitrin Safeguard Insurance Company, Infinity County Mutual Insurance Company. [STATE COURT FILE DATE NOT INDICATED SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT 1 TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 4 NOTICE of Related Case(s) filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. Related Case(s): 8:23-cv-00439-JLS-JDE (Morgan, Shon) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation (Morgan, Shon) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Morgan, Shon) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, Orange County, case number 30-2024- 01401812-CU-PO-CJC Receipt No: ACACDC-37549463 - Fee: $405, filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Corporation, Kia America, Inc.. (Attachments: #1 Declaration Declaration of Shon Morgan, #2 Exhibit Exhibit 1: State Court Complaint, #3 Exhibit Exhibit 2, #4 Proof of Service) (Attorney Shon Morgan added to party Hyundai Motor America(pty:dft), Attorney Shon Morgan added to party Hyundai Motor Company(pty:dft), Attorney Shon Morgan added to party Kia America, Inc.(pty:dft), Attorney Shon Morgan added to party Kia Corporation(pty:dft))(Morgan, Shon) |
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