Owen v. Hyundai Motor America
| Dayna Owen |
| Hyundai Motor America |
| 2:2022cv00882 |
| May 25, 2022 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Kimberly J Mueller |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 70 MEMORANDUM by Dayna Owen in SUPPORT of #69 Motion for Discovery. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Notice of Request to File Documents Under Seal)(Tabesh, Dara) |
| Filing 69 MOTION for DISCOVERY by Dayna Owen. Motion Hearing set for 12/6/2023 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Tabesh, Dara) |
Filing 68
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/08/23 DENYING #62 Motion for Discovery, DENYING #62 -16 Request to Seal, VACATING 11/15/23 hearing and ORDERING parties to meet and confer. (Benson, A.)
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| Filing 67 REPLY by Dayna Owen re #64 Objections, #66 Brief. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Tabesh, Dara) Modified on 11/9/2023 (Reader, L). |
| Filing 66 RESPONSE by Hyundai Motor America to Plaintiff's Objections. (Attachments: #1 Declaration of Joshua Vedder, #2 Declaration of Siyun Yao)(Yao, Siyun) Modified on 11/7/2023 (Mena-Sanchez, L). |
| Filing 65 MINUTE ORDER issued by Courtroom Deputy L. Kennison for Magistrate Judge Carolyn K. Delaney on 10/30/2023: In light of Plaintiff's objections filed 10/30/2023 (ECF No. #63 ), the hearing on Plaintiff's Motion to Compel set for 11/1/2023 is hereby RESET for 11/15/2023 at 10:00 a.m. Defendant shall file any response to Plaintiff's objections on or before 11/6/2023. IT IS SO ORDERED. (Text Only Entry)(Kennison, L) |
| Filing 64 OBJECTIONS by Plaintiff Dayna Owen to #63 Declaration. (Attachments: #1 Declaration of Dara Tabesh , #2 Exhibit A)(Tabesh, Dara) Modified on 11/2/2023 (Licea Chavez, V). |
| Filing 63 DECLARATION of Joshua Vedder in opposition to #62 Motion for Discovery. (Tabesh, Dara) Modified on 10/26/2023 (Licea Chavez, V). |
| Filing 62 MOTION for DISCOVERY by Dayna Owen. Motion Hearing set for 11/1/2023 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Joint Statement , #2 Declaration of Dara Tabesh, #3 Exhibit 1 , #4 Exhibit 2 , #5 Exhibit 3 , #6 Exhibit 4, #7 Exhibit 5 , #8 Exhibit 6 , #9 Exhibit 7 , #10 Exhibit 8 , #11 Exhibit 9 , #12 Exhibit 10 , #13 Exhibit 11 , #14 Declaration of Siyun Yao , #15 Exhibit to Yao Declaration, #16 Notice of Request to File Documents Under Seal)(Tabesh, Dara) Modified on 10/26/2023 (Licea Chavez, V). |
| Filing 61 NOTICE of APPEARANCE by Christopher James Campbell on behalf of Dayna Owen. Attorney Campbell, Christopher James added. (Campbell, Christopher) |
| Filing 60 MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Magistrate Judge Carolyn K. Delaney on 9/13/2023: Plaintiff filed a discovery motion (ECF No. #58 ) on 8/16/2023, which is currently set for a hearing before the undersigned on 9/20/2023. Per this court's Minute Order (ECF No. 59) and Local Rule 251, the parties were to submit a joint statement regarding the discovery dispute by 9/6/2023. As that date has now passed, and the parties have not filed a joint statement, the upcoming hearing is hereby VACATED and the motion is DISMISSED without prejudice. L.R. 251(a) (the motion hearing may be dropped from the calendar without prejudice if the Joint Statement re Discovery Disagreement is not filed at least fourteen days before the scheduled hearing date). IT IS SO ORDERED. (Text Only Entry)(Kennison, L) |
| Filing 59 MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Magistrate Judge Carolyn K. Delaney on 8/17/2023: Plaintiff filed a Motion for Discovery and set a hearing date for 8/30/2023. (ECF No. #56 .) On 8/16/2023, Plaintiff filed a Second Motion for Discovery and set a hearing before the undersigned on 9/20/2023, which the court construes as a motion to continue the hearing. (ECF No. #58 .) Therefore, the hearing on Plaintiff's motion scheduled for 8/30/2023 is hereby VACATED. Plaintiff's Motion for Discovery is SET for a hearing on 9/20/2023 at 10:00 AM before the undersigned. Per Local Rule 251, the parties shall file a joint statement no later than 9/6/2023. IT IS SO ORDERED. (Text Only Entry)(Kennison, L) |
| Filing 58 MOTION for DISCOVERY by Dayna Owen. Motion Hearing set for 9/20/2023 at 10:00 AM before Chief District Judge Kimberly J. Mueller. (Tabesh, Dara) |
| Filing 57 MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Magistrate Judge Carolyn K. Delaney on 8/10/2023: In light of Plaintiff's #56 Motion for Discovery superseding the earlier-filed Motion to Compel #52 , the hearing on 8/16/2023 is VACATED. A hearing on Plaintiff's Motion for Discovery #56 is scheduled for 8/30/2023 at 10:00 a.m. by remote means to be provided to the parties at a later date. A Joint Statement in reference to the #56 Motion for Discovery shall be filed no later than 8/16/2023 in compliance with EDCA Local Rule 251. (Text Only Entry)(Kennison, L) |
| Filing 56 MOTION for DISCOVERY by Dayna Owen. Motion Hearing set for 8/30/2023 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Tabesh, Dara) |
| Filing 55 NOTICE of APPEARANCE by Dara Tabesh on behalf of Dayna Owen. Attorney Tabesh, Dara added. (Tabesh, Dara) |
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Filing 54
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/25/2023 ORDERING that the Motion to Continue Pretrial Deadlines #39 is GRANTED IN PART. Fact discovery shall be completed by 12/8/2023. Expert disclosures shall be completed by 1/12/2024. Rebuttal expert witnesses shall be exchanged by 2/9/2024. All expert discovery shall be completed by 3/8/2024. All dispositive Motions, except for Motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 4/19/2024. (Mena-Sanchez, L)
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| Filing 53 REQUEST for JUDICIAL NOTICE by Dayna Owen in re #39 Motion to Continue,. (Dolin, Tionna) |
| Filing 52 MOTION to COMPEL for further responses and to produce documents by Dayna Owen. Motion Hearing set for 8/16/2023 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Dolin, Tionna) Modified on 7/20/2023 (Benson, A.). |
| Filing 51 DESIGNATION of COUNSEL terminating Ariel Harman-Holmes by All Plaintiffs. (Dolin, Tionna) Modified on 7/18/2023 (Benson, A.). |
| Filing 50 NOTICE of APPEARANCE by Elizabeth A LaRocque on behalf of Dayna Owen. Attorney LaRocque, Elizabeth A added. (LaRocque, Elizabeth) |
| Filing 49 REPLY by Dayna Owen re #46 Opposition to Motion to Continue. (Attachments: #1 Declaration of Tionna Dolin)(Dolin, Tionna) Modified on 7/17/2023 (Benson, A.). |
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Filing 48
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/6/2023 DENYING Ex Parte Applications #43 , #41 . The 8/11/2023 #39 hearing is VACATED. The #39 Motion to continue remains pending. (Mena-Sanchez, L)
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| Filing 47 NOTICE of APPEARANCE by Nino Sanaia on behalf of Dayna Owen. Attorney Sanaia, Nino added. (Sanaia, Nino) |
| Filing 46 OPPOSITION by Hyundai Motor America to #43 Ex Parte Application, #39 Motion to Continue, #41 Ex Parte Application. (Attachments: #1 Declaration of Siyun Yao)(Yao, Siyun) Modified on 7/10/2023 (Perdue, C.). |
| Filing 45 DECLARATION of Tionna Dolin in support of #43 Ex Parte Application. (Dolin, Tionna) |
| Filing 44 OPPOSITION by Hyundai Motor America to #43 Ex Parte Application, #39 Motion to Continue, #41 Ex Parte Application. (Attachments: #1 Declaration of Siyun Yao)(Yao, Siyun) Modified on 7/7/2023 (Kastilahn, A). |
| Filing 43 EX PARTE APPLICATION for ORDER SHORTENING TIME by Dayna Owen for hearing on #39 Motion to Continue. (Attachments: #1 Declaration , #2 Proposed Order)(Dolin, Tionna) Modified on 7/5/2023 (Benson, A.). |
| Filing 42 DECLARATION of Tionna Dolin in support of #41 Ex Parte Application. (Dolin, Tionna) |
| Filing 41 EX PARTE APPLICATION for ORDER SHORTENING TIME by Dayna Owen for hearing on #39 Motion to Continue . (Attachments: #1 Proposed Order)(Dolin, Tionna) Modified on 6/30/2023 (Benson, A.). |
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Filing 40
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/26/23 LIFTING STAY. (Benson, A.)
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| Filing 39 MOTION to CONTINUE Pretrial Dates by Dayna Owen. Motion Hearing set for 8/11/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Notice of Hearing, #2 Declaration of Tionna Dolin, #3 Proposed Order)(Dolin, Tionna) Modified on 6/26/2023 (Benson, A.). |
| Filing 38 NOTICE of FULL SATISFACTION #35 Order by Hyundai Motor America. (Yao, Siyun) Modified on 6/20/2023 (Licea Chavez, V). |
| Filing 37 NOTICE of APPEARANCE by Mani Arabi on behalf of Dayna Owen. Attorney Arabi, Mani added. (Arabi, Mani) |
| Filing 36 TRANSCRIPT of Proceedings Motion hearing held on 2/17/2023, before Chief District Judge Kimberly J. Mueller, filed by Jennifer Coulthard, Phone number 530-537-9312 E-mail jenrmrcrr2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/11/2023. Redacted Transcript Deadline set for 5/19/2023. Release of Transcript Restriction set for 7/17/2023. (Coulthard, Jennifer) |
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Filing 35
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/13/23 AWARDING Hyundai fees and costs of $9,003.43. Hyundai must file a written notice on the docket of this action directly after receiving payment. This action will remain STAYED until that notice is filed.(Licea Chavez, V)
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| Filing 34 OBJECTIONS by Plaintiff Dayna Owen. (Attachments: #1 Declaration DECLARATION OF TIONNA DOLIN IN SUPPORT OF PLAINTIFFS OBJECTIONS TO THE SUPPLEMENTAL DECLARATION OF S. YAO.)(Dolin, Tionna) |
| Filing 33 SUPPLEMENTAL DECLARATION of Siyun Yao in support of #16 Motion for Assessment of Costs. (Yao, Siyun) Modified on 3/31/2023 (Benson, A.). |
| Filing 32 TRANSCRIPT REQUEST by Dayna Owen for proceedings held on 02/17/2023 before Judge Hon. Kimberly J. Muelle. Court Reporter Jennifer Coulthard. (Dolin, Tionna) |
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Filing 31
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/15/2023 GRANTING Hyundai's Request for an award of fees and costs. Hyundai may file a Supplemental Declaration within 14 days. Owen may file Objections to Hyundai's Supplemental Declaration within 7 days of service. STAYING the Case until all fees and costs awarded are paid. The #16 Motion, REMAINS PENDING while the Court determines the proper award. (Rodriguez, E)
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| Filing 30 MINUTES for MOTION HEARING held (via videoconference) before Chief District Judge Kimberly J. Mueller on 2/17/2023. Plaintiff's Counsel, Payam Shahian, present. Defendant's Counsel, Siyun Yao, present. After hearing oral argument as to Defendant's Motion for Assessment of Costs and for Stay, ECF No. #16 , the court took the matter under submission. A written order will issue to resolve the pending matter. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) |
| Filing 29 NOTICE of APPEARANCE by Thomas E Austin on behalf of Hyundai Motor America. Attorney Austin, Thomas E added. (Austin, Thomas) |
| Filing 28 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/14/2023: The Stipulation Re: Plaintiff's Remote Appearance, ECF No. #26 , is GRANTED. Accordingly, the Motion Hearing as to Defendant's Motion for Assessment of Costs Against Plaintiff and for Stay of Proceedings Pending Payment of Such Costs, ECF No. #16 , will proceed by video conferencing through the Zoom application. The court will hear the in-person portion of the upcoming civil law and motion calendar first, with virtual proceedings to follow. Accordingly, the Motion Hearing in this case set for 2/17/2023 at 10:00 AM is RESET on the same date for 11:00 AM. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry)(Schultz, C) |
| Filing 27 NOTICE of APPEARANCE by Payam Shahian on behalf of Dayna Owen. Attorney Shahian, Payam added. (Shahian, Payam) |
| Filing 26 STIPULATION and PROPOSED ORDER for TELEPHONIC/REMOTE APPEARANCE at the 2/17/2023 #16 Motion hearing by Dayna Owen. (Attachments: #1 Proposed Order)(Law, Daniel) Modified on 2/13/2023 (Benson, A.). |
| Filing 25 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/13/2023: Plaintiff's Request for Remote Appearance, ECF No. #24 , is not presented as a stipulation, nor accompanied by a statement of non-opposition. Accordingly, the Request is DENIED. (Text Only Entry)(Schultz, C) |
| Filing 24 REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 2/17/2023 #16 Motion hearing by Dayna Owen. (Attachments: #1 Proposed Order)(Law, Daniel) Modified on 2/13/2023 (Benson, A.). |
| Filing 23 NOTICE of APPEARANCE by Daniel Albert Law on behalf of Dayna Owen. Attorney Law, Daniel Albert added. (Law, Daniel) |
| Filing 22 REPLY by Hyundai Motor America in support of #16 Motion for Assessment. (Yao, Siyun) Modified on 2/9/2023 (Rodriguez, E). |
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Filing 21
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/24/2023 APPROVED #15 Stipulated for Protective Order, "unless otherwise ordered, the court will not retain jurisdiction over enforcement of the terms of any protective order filed in that action." Thus, the court will not retain jurisdiction over this protective order once the case is closed.(Reader, L)
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| Filing 20 CERTIFICATE / PROOF of SERVICE by Dayna Owen re #18 Opposition to Motion, #19 Request for Judicial Notice. (Dolin, Tionna) |
| Filing 19 REQUEST for JUDICIAL NOTICE by Dayna Owen in re #18 Opposition to Motion. (Attachments: #1 Exhibits)(Dolin, Tionna) Modified on 1/18/2023 (Perdue, C.). |
| Filing 18 OPPOSITION by Dayna Owen to #16 Motion for Assessment of Costs. (Dolin, Tionna) |
| Filing 17 REQUEST for JUDICIAL NOTICE by Hyundai Motor America re #16 Motion for Assessment of Costs Against Plaintiff and Motion to Stay. (Yao, Siyun) Modified on 1/3/2023 (Kastilahn, A). |
| Filing 16 MOTION FOR ASSESSMENT OF COSTS AGAINST PLAINTIFF and MOTION TO STAY by Hyundai Motor America. Motion Hearing set for 2/17/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of S. Yao, #2 Proposed Order)(Yao, Siyun) Modified on 1/3/2023 (Kastilahn, A). |
| Filing 15 STIPULATION and PROPOSED ORDER for Protective Order re #12 Scheduling Report by Hyundai Motor America. (Yao, Siyun) |
| Filing 14 STANDING SCHEDULING ORDER issued by Courtroom Deputy C. Schultz for Chief Judge Kimberly J. Mueller on 12/2/2022. (Schultz, C) |
| Filing 13 MINUTES for SCHEDULING CONFERENCE held (via videoconference) before Chief District Judge Kimberly J. Mueller on 12/1/2022, and FRCP 16 BENCH ORDER: Plaintiff's Counsel, Ariel Harman-Holmes, present. Defendant's Counsel, Siyun Yao, present. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, the court ORDERED the following pre-trial case schedule: The parties are directed to submit a proposed protective order for discovery only within the next fourteen (14) calendar days, as provided by Local Rule 141.1; Any motion to stay shall be filed within thirty (30) days; Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed within fourteen (14) days; fact discovery shall be completed by 8/16/2023; expert disclosures shall be completed by 8/23/2023; rebuttal expert witnesses shall be exchanged by 9/6/2023; all expert discovery shall be completed by 9/20/2023; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 12/1/2023. Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). After consideration of the parties' comments related to settlement, the parties will notify the court whether they request a court settlement conference date or referral to the Voluntary Dispute Resolution Program ("VDRP"). The parties shall file said notification or request for referral jointly, in writing no later than 8/16/2023. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Maryann Velanoti. (Text Only Entry) (Schultz, C) |
| Filing 12 JOINT SCHEDULING REPORT by Dayna Owen. Attorney Harman-Holmes, Ariel added. (Harman-Holmes, Ariel) |
| Filing 11 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 10/5/2022: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 2/9/2023 is ADVANCED to 12/1/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. The December Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry)(Schultz, C) |
| Filing 10 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/9/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Zignago, K.) |
| Filing 9 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney. The new case number is: 2:22-cv-0882-KJM-CKD. (Zignago, K.) |
| Filing 8 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Yao, Siyun) |
| Filing 7 MINUTE ORDER issued by Courtroom Deputy L. Kennison for Carolyn K. Delaney on 9/1/2022: This case was filed on 5/25/2022 and assigned solely to the undersigned pursuant to Appendix A of the court's Local Rules. Under the Initial Scheduling Order, all parties were to inform the Clerk of Court of their decision whether to Consent or Decline magistrate judge jurisdiction for all purposes in this case by filing their Consent/Decline form (ECF No. 4.1) within 90 days of the date the action was filed, in this case by 8/23/2022. (ECF No. #4 at 2, para. 2.) A review of the docket indicates that no Consent/Decline forms have yet been submitted. There is no obligation to consent, and no judge will be notified of a party's decision unless all parties have consented. See Fed. R. Civ. P. 73(b)(1). However, for proper case administration, each party must inform the Clerk of Court whether or not it consents to magistrate judge jurisdiction for all purposes. Therefore, no later than 09/16/2022, all parties SHALL file their Consent/Decline form. Further, the parties are reminded that defendant's Answer filed on 8/31/2022 (ECF No. #6 ) triggers the 30-day deadline for the parties to file a Joint Status Report addressing the subjects listed in Local Rule 240(a) to assist the court in setting a scheduling order for the case. (See ECF No. #4 , para. 3.) However, that deadline only applies if all parties consent to magistrate judge jurisdiction for all purposes under 28 U.S.C. 636(c). In the event that not all parties consent, this case would be randomly reassigned to a district judge as presiding judge, and that district judge would direct the case's scheduling. (Text Only Entry)(Kennison, L) |
| Filing 6 ANSWER with Jury Demand by Hyundai Motor America. Attorney Yao, Siyun added. (Attachments: #1 Notice of Pendency)(Yao, Siyun) Modified on 9/1/2022 (Donati, J). |
| Filing 5 SUMMONS RETURNED EXECUTED: Hyundai Motor America served on 8/10/2022, answer due 8/31/2022. (Dolin, Tionna) Modified on 8/18/2022 (Reader, L). |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Rodriguez, E) |
| Filing 3 SUMMONS ISSUED as to *Hyundai Motor America* with answer to complaint due within *21* days. Attorney *Tionna Dolin* *Strategic Legal Practices, Apc* *1888 Century Park East, 19th Floor* *Los Angeles, CA 90067*. (Rodriguez, E) |
| Filing 2 CIVIL COVER SHEET by Dayna Owen (Dolin, Tionna) |
| Filing 1 COMPLAINT against Hyundai Motor America by Dayna Owen. (Filing fee $ 402, receipt number BCAEDC-10248174) (Dolin, Tionna) |
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