Yarber v. Kia America, Inc
| Thelma Yarber |
| Kia America, Inc |
| 4:2022cv03411 |
| June 9, 2022 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Haywood S Gilliam |
| Sallie Kim |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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Filing 61
NOTICE of Appearance by Joy DE Leon (DE Leon, Joy) (Filed on 11/21/2023)
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Filing 60
Order by Magistrate Judge Laurel Beeler granting #59 Stipulated Protective Order. (ejk, COURT STAFF) (Filed on 11/1/2023)
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(Docket No. #59 ) MOTION REFERRED to Judge Beeler for handling as the Discovery Judge. (ndr, COURT STAFF) (Filed on 11/1/2023)
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Filing 59
STIPULATION WITH PROPOSED ORDER Protective Order filed by Kia America, Inc and Thelma Yarber. (Tsai, Eric) (Filed on 10/27/2023) Modified on 10/27/2023 (bar, COURT STAFF).
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Filing 58
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING DEFENDANTS #42 MOTION TO DISMISS. (ndr, COURT STAFF) (Filed on 10/25/2023)
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Filing 57
Joint STATUS REPORT by Thelma Yarber and Kia America, Inc. (LaRocque, Elizabeth) (Filed on 10/17/2023) Modified on 10/18/2023 (bar, COURT STAFF).
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Filing 56
NOTICE of Appearance by Christopher James Campbell (Campbell, Christopher) (Filed on 10/10/2023)
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Filing 55
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than two pages indicating whether they participated in mediation by the September 30, 2023 deadline. If the mediation occurred, the report should describe the results and the status of settlement discussions. If the mediation did not occur, the report should explain why the parties failed to meet the deadline. The parties shall file their joint status report by October 17, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 10/10/2023)
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Set Deadline, See Docket No. 55 : Status Report due by 10/17/2023. (ndr, COURT STAFF) (Filed on 10/10/2023)
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Filing 54
NOTICE by Thelma Yarber Of Withdrawal Of Counsel (Dolin, Tionna) (Filed on 8/10/2023)
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Filing 53
NOTICE of Appearance by Elizabeth Ann LaRocque (LaRocque, Elizabeth) (Filed on 8/8/2023)
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Filing 52
SCHEDULE ORDER: Amended Pleadings due by 7/5/2023; Close of Fact Discovery due by 11/28/2023; Opening Reports due by 12/5/2023; Rebuttal Reports due by 12/19/2023; Close of Expert Discovery due by 1/2/2024; Motion Hearing set for 2/22/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 5/14/2024 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; and Jury Selection / Jury Trial (7-days) set for 6/10/2024 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 6/21/2023. (ndr, COURT STAFF) (Filed on 6/21/2023)
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Filing 51
Discovery Order. Signed by Judge Laurel Beeler on 6/3/2023. (lblc1, COURT STAFF) (Filed on 6/3/2023) (Additional attachment(s) added on 6/5/2023: #1 Standing Order) (ejk, COURT STAFF).
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Filing 50
ORDER DIRECTING PARTIES TO COMPLETE PRIVATE MEDIATION RE DOCKET NO. #45 . Signed by Judge Haywood S. Gilliam, Jr. on 6/2/2023. (ndr, COURT STAFF) (Filed on 6/2/2023)
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Filing 49
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes RE DOCKET NO. #45 . Signed by Judge Haywood S. Gilliam, Jr. on 6/2/2023. (ndr, COURT STAFF) (Filed on 6/2/2023)
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Filing 48
CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #42 motion to dismiss filings under submission. The hearing previously scheduled June 8, 2023 for at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 6/2/2023)
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CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (mkl, COURT STAFF) (Filed on 6/2/2023)
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Filing 47
REPLY (re #42 MOTION to Dismiss Pltfs FAC ) filed byKia America, Inc. (Tsai, Eric) (Filed on 5/22/2023)
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Filing 46
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #45 . In the future when e-filing a discovery letter brief, the correct event to use is Discovery Letter Brief located under Motions-General under the Motions and Related Filings category. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/22/2023)
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Filing 45
Letter Brief re Discovery Status and ADR filed byThelma Yarber. (Harman-Holmes, Ariel) (Filed on 5/19/2023) Modified on 5/22/2023 to correct event to add gavel (ndr, COURT STAFF).
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Filing 44
OPPOSITION/RESPONSE (re #42 MOTION to Dismiss Pltfs FAC ) filed byThelma Yarber. (Law, Daniel) (Filed on 5/15/2023)
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Filing 43
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 5/2/2023. Total Time in Court: 7 Minutes. Not Reported. Plaintiff Attorney: Daniel Law. Defendant Attorney: Timothy Hannah. Parties are directed to meet and confer and e-file within one week from today (May 9, 2023), 1) a joint letter brief regarding any live discovery disputes and 2) a stipulation and proposed order selecting an ADR process. If there is no agreement regarding an ADR process, the parties are directed to e-file a one page statement indicating their ADR preference. The Court advises that the case schedule proposed by the parties in their joint case management statement is generally acceptable. He will wait until the opposition to the motion to dismiss is e-filed to determine if he should issue a scheduling order or schedule a further case management conference to be held with the hearing on the motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 5/2/2023)
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Filing 42
MOTION to Dismiss Pltfs FAC filed by Kia America, Inc. Motion Hearing set for 6/8/2023 02:00 PM in Oakland, - Videoconference Only before Judge Haywood S Gilliam Jr.. Responses due by 5/15/2023. Replies due by 5/22/2023. (Attachments: #1 Memorandum of Points & Authorities, #2 Exhibit A, #3 Proposed Order)(Tsai, Eric) (Filed on 5/1/2023)
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Filing 41
SECOND JOINT CASE MANAGEMENT STATEMENT filed by Thelma Yarber and Kia America, Inc. (Harman-Holmes, Ariel) (Filed on 4/25/2023) Modified on 4/26/2023 (jrs, COURT STAFF). Modified on 4/26/2023 (jrs, COURT STAFF).
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Filing 40
FIRST AMENDED COMPLAINT First against All Defendants. Filed byThelma Yarber. (Attachments: #1 Exhibit A (warranty))(Law, Daniel) (Filed on 4/17/2023) Modified on 4/18/2023 (jml, COURT STAFF).
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Filing 39
ORDER GRANTING #19 MOTION TO DISMISS AND DENYING #18 MOTION TO STRIKE.Case Management Statement due by 4/25/2023. Initial Case Management Conference set for 5/2/2023 02:00 PM.The 5/2/2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. Signed by Judge Haywood S. Gilliam, Jr. on 3/27/2023. (ndr, COURT STAFF) (Filed on 3/27/2023)
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Filing 38
Certificate of Interested Entities by Kia America, Inc identifying Corporate Parent Kia America, Inc., Corporate Parent Kia Corporation for Kia America, Inc. (Tsai, Eric) (Filed on 12/2/2022)
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Filing 37
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tsai, Eric) (Filed on 12/2/2022)
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Filing 36
CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #18 motion to strike and #19 motion to dismiss filings under submission. The case management conference and the hearings previously scheduled for December 8, 2022 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 12/2/2022)
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Filing 35
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Thelma Yarber.. (Harman-Holmes, Ariel) (Filed on 12/1/2022)
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Filing 34
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Harman-Holmes, Ariel) (Filed on 12/1/2022)
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Filing 33
JOINT CASE MANAGEMENT STATEMENT filed by Thelma Yarber and Kia America, Inc.. (Harman-Holmes, Ariel) (Filed on 12/1/2022) Modified on 12/2/2022 (kkp, COURT STAFF).
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Filing 32
CLERK'S NOTICE. Notice is hereby given that the case management conference, previously set for September 13, 2022, is continued to December 8, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA to be held along with the hearings on the #18 motion to strike and #19 motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 8/22/2022)
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Filing 31
REPLY (re #19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) ) filed byKia America, Inc. (Attachments: #1 Exhibit A, #2 Certificate/Proof of Service)(Tsai, Eric) (Filed on 7/29/2022)
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Filing 30
REPLY (re #18 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(F) ) filed byKia America, Inc. (Attachments: #1 Certificate/Proof of Service)(Tsai, Eric) (Filed on 7/29/2022)
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Filing 29
Declaration of Ariel Harman-Holmes in Support of #28 Opposition/Response to Motion, #27 Opposition/Response to Motion Late Opposition filed byThelma Yarber. (Related document(s) #28 , #27 ) (Harman-Holmes, Ariel) (Filed on 7/25/2022)
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Filing 28
OPPOSITION/RESPONSE (re #18 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(F)) filed by Thelma Yarber. (Harman-Holmes, Ariel) (Filed on 7/25/2022) Modified on 7/26/2022 (kkp, COURT STAFF).
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Filing 27
OPPOSITION/RESPONSE (re #19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) ) filed byThelma Yarber. (Harman-Holmes, Ariel) (Filed on 7/25/2022)
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Set Hearing as to #18 Motion to Strike, See Docket No. #25 : Motion Hearing set for 12/8/2022 at 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam, Jr. (bns, COURT STAFF) (Filed on 7/12/2022)
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Set Hearing as to #19 Motion to Dismiss, See Docket No. #26 : Motion Hearing set for 12/8/2022 at 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam, Jr. (bns, COURT STAFF) (Filed on 7/12/2022)
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Filing 26
Renotice motion hearing re #19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) Amended filed by Kia America, Inc. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #19 ) (Tsai, Eric) (Filed on 7/11/2022) Modified on 7/12/2022 (kkp, COURT STAFF).
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Filing 25
Renotice motion hearing re #18 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(F) Amended filed by Kia America, Inc. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #18 ) (Tsai, Eric) (Filed on 7/11/2022) Modified on 7/12/2022 (kkp, COURT STAFF).
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Filing 24
***ERRONEOUS ENTRY; PLEASE IGNORE*** Amended MOTION to Strike #18 MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(F) filed by Kia America, Inc. Motion Hearing set for 12/8/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/22/2022. Replies due by 7/29/2022. (Attachments: #1 Certificate/Proof of Service)(Tsai, Eric) (Filed on 7/11/2022) Modified on 7/11/2022 (jlm, COURT STAFF).
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Filing 23
***ERRONEOUS ENTRY; PLEASE IGNORE*** Amended MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(B)(6) filed by Kia America, Inc. Motion Hearing set for 12/12/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 7/22/2022. Replies due by 7/29/2022. (Attachments: #1 Certificate/Proof of Service)(Tsai, Eric) (Filed on 7/11/2022) Modified on 7/11/2022 (jlm, COURT STAFF).
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Filing 22
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Telephonic Case Management Conference has been set for September 13, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., Case Management Statement due by September 6, 2022. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-03411-HSG. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bns, COURT STAFF) (Filed on 7/11/2022)
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Filing 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Signed by Clerk on 07/11/2022. (mbc, COURT STAFF) (Filed on 7/11/2022)
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Filing 20
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 7/11/2022)
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Filing 19
MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Kia America, Inc. Motion Hearing set for 8/15/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 7/22/2022. Replies due by 7/29/2022. (Attachments: #1 Proposed Order, #2 Proposed Order)(Tsai, Eric) (Filed on 7/8/2022)
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Filing 18
MOTION to Strike Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(F) filed by Kia America, Inc. Motion Hearing set for 8/15/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 7/22/2022. Replies due by 7/29/2022. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Tsai, Eric) (Filed on 7/8/2022)
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Filing 17
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Thelma Yarber.. (Law, Daniel) (Filed on 7/8/2022)
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Filing 16
NOTICE of Appearance by Daniel A. Law (Law, Daniel) (Filed on 7/8/2022)
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Filing 15
NOTICE of Appearance by Eric Tsai (Attachments: #1 Certificate of Service)(Tsai, Eric) (Filed on 7/8/2022)
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Filing 14
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kia America, Inc.. (Attachments: #1 Certificate of Service)(Hugret, Spencer) (Filed on 7/8/2022)
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Filing 13
NOTICE of Appearance by Spencer Peter Hugret (Attachments: #1 Certificate of Service)(Hugret, Spencer) (Filed on 7/8/2022)
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Filing 12
CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 7/8/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/8/2022. (mkl, COURT STAFF) (Filed on 6/24/2022)
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Filing 11
SUMMONS Returned Executed by Thelma Yarber. Kia America, Inc served on 6/21/2022, answer due 7/12/2022. (Dolin, Tionna) (Filed on 6/22/2022)
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#Electronic filing error. *** NOTICE TO COUNSEL *** Plaintiff's name on Document #10 does not match Plaintiff's name on record. [err201] This filing will not be proc essed by the clerks office. Please re-file in its entirety. Re: #10 Summons Returned Executed filed by Thelma Yarber. (kkp, COURT STAFF) (Filed on 6/20/2022)
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Filing 10
SUMMONS Returned Executed by Thelma Yarber. Kia America, Inc served on 6/17/2022, answer due 7/8/2022. (Dolin, Tionna) (Filed on 6/20/2022)
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Filing 9
Refund Status re #4 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 6/16/2022)
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Filing 8
Civil Cover Sheet by Thelma Yarber . (Dolin, Tionna) (Filed on 6/16/2022)
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Filing 7
Summons Issued as to Kia America, Inc. (re #1 Attachment: 2 Proposed Summons)(kkp, COURT STAFF) (Filed on 6/16/2022) Modified on 6/16/2022 (kkp, COURT STAFF).
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/5/2022. Initial Case Management Conference set for 9/12/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (kkp, COURT STAFF) (Filed on 6/16/2022)
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#Electronic filing error. *** Notice to Counsel *** Incorrect Civil Cover sheet used, please use the Northern District Courts Civil Cover sheet located on our website (Forms > Civil > Civil Cover Sheet).[err201]Please re-file in its entirety. Re: #5 Civil Cover Sheet filed by Thelma Yarber. (kkp, COURT STAFF) (Filed on 6/13/2022)
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Filing 5
Civil Cover Sheet by Thelma Yarber . (Dolin, Tionna) (Filed on 6/13/2022)
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Filing 4
Application for Refund, Receipt Number ACANDC-17251075 by Thelma Yarber. (Dolin, Tionna) (Filed on 6/13/2022)
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Incorrect Civil Cover sheet submitted, Please e-file an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet. #Electronic fil ing error. Re: #3 Complaint filed by Thelma Yarber (jrs, COURT STAFF) (Filed on 6/13/2022)
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Filing 3
COMPLAINT with Jury Demand against Kia America, Inc ( Filing fee $ 402, receipt number ACANDC-17255837.). Filed byThelma Yarber. (Dolin, Tionna) (Filed on 6/10/2022) Modified on 6/13/2022 (kkp, COURT STAFF).
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The Plaintiff named in the complaint does not match the Plaintiff listed in ECF nor the Civil Cover sheet. Please re-file Complaint in its entirety.#Electronic filing error. Pleas e re-file in its entirety. Re: #1 Complaint filed by Thelma Yarber (jrs, COURT STAFF) (Filed on 6/10/2022)
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Filing 2
[[ Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/23/2022. (jrs, COURT STAFF) (Filed on 6/9/2022)
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Filing 1
*** DISREGARD, PLEASE SEE DKT #3 *** COMPLAINT with Jury Demand against Kia America, Inc ( Filing fee $ 402, receipt number ACANDC-17251075.). Filed byThelma Yarber. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Dolin, Tionna) (Filed on 6/9/2022) Modified on 6/15/2022 (kkp, COURT STAFF). Modified on 6/15/2022 (kkp, COURT STAFF).
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