Artisan and Truckers Casualty Company et al v. Hyundai Motor America et al
| Progressive American Insurance Company, Progressive Max Insurance Company, Progressive Advanced Insurance Company, Progressive Marathon Insurance Company, Progressive Mountain Insurance Company, Progressive Hawaii Insurance Corp., Progressive Preferred Insurance Company, Progressive Direct Insurance Company, Progressive Northwestern Insurance Company, Progressive Security Insurance Company, Progressive Bayside Insurance Company, Mountain Laurel Assurance Company, Progressive Classic Insurance Company, Progressive Northern Insurance Company, Progressive Paloverde Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Select Insurance Company, Progressive Gulf Insurance Company, Progressive Southeastern Insurance Company, Drive New Jersey Insurance Company, Artisan and Truckers Casualty Company, Progressive County Mutual Insurance Company, PROGRESSIVE PREMIER INSURANCE COMPANY OF ILLINOIS, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company, Progressive Garden State Insurance Company and Salem Insurance |
| Hyundai Motor America, Hyundai Motor Company, Kia America, Inc. and Kia Corporation |
| 8:2024cv01143 |
| May 29, 2024 |
| U.S. District Court for the Central District of California |
| A Joel Richlin |
| Fred W Slaughter |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 29 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 28 TEXT ONLY ORDER GRANTING Application of Non-Resident Attorney Elliott R. Feldman to Appear Pro Hac Vice on behalf of Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company #27 pursuant to the Courts directive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 27 APPLICATION of Non-Resident Attorney Elliott R. Feldman to Appear Pro Hac Vice on behalf of Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37808841) filed by Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Attachments: #1 Proposed Order) (Peitzke, Megan) |
| Filing 26 TEXT ONLY ORDER GRANTING Application to Appear Pro Hac Vice on behalf of Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company #23 pursuant to the Courts directive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 25 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 24 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 23 APPLICATION of Non-Resident Attorney Kevin P. Caraher to Appear Pro Hac Vice on behalf of Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37765427) filed by Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Attachments: #1 Proposed Order) (Peitzke, Megan) |
| Filing 22 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Peitzke, Megan) |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Plaintiffs Motion to Remand #19 by Judge Fred W. Slaughter. In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents, it is hereby ORDERED that the document is accepted as filed. However, counsel must consult the Notice to Filer of Deficiencies #20 and file a Notice of Interested Parties *no later than 5 days from the date of this entry.* Failure to do so may result in the Plaintiffs Motion to Remand #19 being STRICKEN. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: NOTICE OF MOTION AND MOTION to Remand Case filed by Plaintiffs #19 . The following error(s) was/were found: (1) No notice of interested parties. (2) Counsel must comply with Local Rule 7.1-1. 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. (jp) |
| Filing 19 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs Artisan and Truckers Casualty Company, Drive New Jersey Insurance Company, Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. Motion set for hearing on 8/8/2024 at 10:00 AM before Judge Fred W. Slaughter. (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 Proposed Order Granting Motion) (Peitzke, Megan) |
Filing 18
ORDER RE JOINT STIPULATION REGARDING SERVICE AND DISCOVERY #13 by Judge Fred W. Slaughter: NOTE: CHANGES MADE BY COURT. The court ORDERS the following: Subject to any subsequent orders issued by the court, including scheduling orders, the stipulations and agreements between the Parties, as set forth in the Stipulation, are APPROVED. (bm)
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Filing 17
ORDER RE JOINT SCHEDULING STIPULATION #12 by Judge Fred W. Slaughter: NOTE: CHANGES MADE BY COURT. The court ORDERS the following, subject to any subsequently issued court order, including scheduling orders: 1. Defendants' Opposition to any Motion to Remand shall be due fifteen (15) days after the filing of the Motion to Remand; 2. Plaintiffs' Reply in Support of any Motion to Remand shall be due fifteen (15) days after the filing of the Opposition; and 3. Defendants' time to answer, move to dismiss, or otherwise respond to the Complaint is tolled. (see document for further details) (bm) Modified on 6/20/2024 (bm).
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| Filing 16 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 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
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku)
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| Filing 13 STIPULATION for Discovery filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation. (Attachments: #1 Proposed Order)(Morgan, Shon) |
| Filing 12 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 11 Notice of Appearance or Withdrawal of Counsel: for attorney Brandon Thomas Posivak counsel for Plaintiffs Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Choice Insurance Company, Progressive Classic Insurance Company, Progressive County Mutual Insurance Company, Progressive Direct Insurance Company, Progressive Garden State Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Marathon Insurance Company, Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Paloverde Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Security Insurance Company, Progressive Select Insurance Company, Progressive Southeastern Insurance Company, Progressive Specialty Insurance Company, Progressive Universal Insurance Company, Progressive West Insurance Company, United Financial Casualty 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 Mountain Laurel Assurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Advanced Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive American Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Bayside Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Casualty Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Choice Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Classic Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive County Mutual Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Direct Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Garden State Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Gulf Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Hawaii Insurance Corp.(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Marathon Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Max Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Mountain Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Northern Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Northwestern Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Paloverde Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Preferred Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Premier Insurance Company of Illinois(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Security Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Select Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Southeastern Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Specialty Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive Universal Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party Progressive West Insurance Company(pty:pla), Attorney Brandon Thomas Posivak added to party United Financial Casualty Company(pty:pla))(Posivak, Brandon) |
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge James V. Selna. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge James V. Selna to Judge Fred W. Slaughter for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:24-cv-01143-FWS-(AJRx). (dve)
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin P Caraher on behalf on Plaintiffs. 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) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elliott R Feldman on behalf on Plaintiffs. 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) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge A. Joel Richlin. (ghap) |
| 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- 01401993-CU-PA-CJC Receipt No: ACACDC-37550918 - Fee: $405, filed by Defendants Kia Corporation, Kia America, Inc., Hyundai Motor America, Hyundai Motor Company. (Attachments: #1 Declaration Declaration of Shon Morgan, #2 Exhibit Exhibit 1: State Court Complaint, #3 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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