Pearce v. BMW of North America, LLC
| Cordell Pearce and Cordell S. Pearce |
| BMW of NORTH AMERICA LLC, BMW FINANCIAL SERVICES NA, EPM Z8, LLC d/b/a BMW OF LOVELAND, BMW of North America, LLC, BMW Financial Services NA, LLC and EPM Z8, LLC doing business as BMW of Loveland |
| 1:2022cv03241 |
| December 16, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| Kristen L Mix |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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Filing 31
REPLY to Response to #16 MOTION to Remand to State Court filed by Plaintiff Cordell S. Pearce. (Attachments: #1 Exhibit 3 - Call Log, #2 Exhibit 4 - Dec 6 2022 eMail)(Coakley, Eric)
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Filing 30
MINUTE ORDER by Magistrate Judge Kristen L. Mix on February 8, 2023. IT IS HEREBY ORDERED that the Motion #27 is GRANTED. The Scheduling Conference set for February 13, 2023, at 9:30 a.m. is VACATED, to be reset at a later date if appropriate. IT IS FURTHER ORDERED that all upcoming deadlines, including Rule 26 disclosures and discovery, are STAYED pending resolution of the Motion to Dismiss #28 and/or the Motion to Transfer #16 .(csarr, )
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Filing 29
MEMORANDUM regarding #27 Unopposed MOTION for Extension of Time to TO CONTINUE SCHEDULING CONFERENCE AND STAY UPCOMING DEADLINES filed by EPM Z8, LLC, BMW Financial Services NA, LLC, BMW of North America, LLC. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 2/7/2023. Text Only Entry (wjmsec, )
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Filing 28
MOTION to Dismiss for Lack of Jurisdiction OR, IN THE ALTERNATIVE, MOTION TO STAY by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. (Attachments: #1 Exhibit A Contract)(Klee, Natalie)
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Filing 27
Unopposed MOTION for Extension of Time to TO CONTINUE SCHEDULING CONFERENCE AND STAY UPCOMING DEADLINES by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. (Klee, Natalie)
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Filing 26
CONSENT to Jurisdiction of Magistrate Judge by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC All parties do not consent.. (Klee, Natalie)
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Filing 25
ORDER striking Defendants' Motion to Dismiss or, in the Alternative, Motion to Stay #24 for failure to comply with WJM Revised Practice Standard III.D.1 (as revised effective December 1, 2022). This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Defendants' Motion to Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 2/3/2023. Text Only Entry(wjmsec, )
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Filing 24
STRICKEN MOTION to Dismiss or in the Alternative to Stay by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. (Attachments: #1 Exhibit A Contract)(Klee, Natalie) Modified on 2/6/2023 to strike pursuant to 25 Order (trvo, ).
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Filing 23
Conventionally Submitted Material: 1 USB Drive - Exhibit A to #22 Response to Motion to Remand by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. Material placed in the Clerk's Office A-1-7. Text Only Entry. (trvo, )
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Filing 22
BRIEF in Opposition to #16 MOTION to Remand to State Court filed by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. (Attachments: #1 Conventionally Submitted Ex. A (video file), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit)(Klee, Natalie)
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Filing 21
ORDER granting Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion to Remand #20 . Defendants are granted leave, for good cause shown, to file said Response on or before January 30, 2023. SO ORDERED by Judge William J. Martinez on 1/24/2023. Text Only Entry(wjmsec, )
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Filing 20
Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand to State Court by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. (Klee, Natalie)
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Filing 19
ORDER denying Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion to Remand #18 . Defendants' Motion is DENIED without prejudice to refiling given Defendants' counsel's failure to comply with WJM Revised Practice Standard II.D.2 (as revised effective December 1, 2022). This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 1/23/2023. Text Only Entry(wjmsec, )
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Filing 18
Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand to State Court by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC. (Klee, Natalie)
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Filing 17
NOTICE of Filing Amended Pleading re #15 Corporate Disclosure Statement Amended Corporate Disclosure Statement by Defendants BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC (Klee, Natalie)
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Filing 16
MOTION to Remand to State Court by Plaintiff Cordell S. Pearce. (Attachments: #1 Exhibit 1 - Settlement Offer, #2 Exhibit 2 - eMail of Dec 21 2022)(Coakley, Eric)
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Filing 15
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate EPM Z8, LLC d/b/a BMW OF LOVELAND for EPM Z8, LLC; Corporate Parent BMW (US) Holding Corp. for BMW Financial Services NA, LLC, BMW of North America, LLC. (Klee, Natalie)
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Filing 14
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 12/28/2022. Proposed Scheduling Order due 2/6/2023. Scheduling/Planning Conference set for 2/13/2023 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (alave, )
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Filing 13
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2022 and as they may be amended from time to time), which may be downloaded #here. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 12/28/2022. Text Only Entry (wjmsec, )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 12/28/2022. Text Only Entry (wjmsec, )
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Filing 11
NOTICE of Entry of Appearance by Eric Raymond Coakley on behalf of Cordell S. PearceAttorney Eric Raymond Coakley added to party Cordell S. Pearce(pty:pla) (Coakley, Eric)
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Filing 10
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants BMW of North America, LLC, EPM Z8, LLC, BMW Financial Services NA, LLC. BMW of North America, LLC answer due 1/13/2023; EPM Z8, LLC answer due 1/13/2023; BMW Financial Services NA, LLC answer due 1/13/2023. (Klee, Natalie)
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Filing 9
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, )
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Filing 8
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (tgall, )
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Filing 7
AFFIDAVIT of Service of Summons, Complaint and Jury Demand, and District Court Civil (CV) Case Cover Sheet For Initial Pleading Of Complaint, Counterclaim And Cross-Claim Or Third Party Complaint And Jury Demand upon EPM Z8, LLC on 11/16/2022. (tgall, )
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Filing 6
AFFIDAVIT of Service of Summons, Complaint and Jury Demand, and District Court Civil (CV) Case Cover Sheet For Initial Pleading Of Complaint, Counterclaim And Cross-Claim Or Third Party Complaint And Jury Demand upon BMW Financial Services NA, LLC on 11/16/2022. (tgall, )
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Filing 5
AFFIDAVIT of Service of Summons, Complaint and Jury Demand, and District Court Civil (CV) Case Cover Sheet For Initial Pleading Of Complaint, Counterclaim And Cross-Claim Or Third Party Complaint And Jury Demand upon BMW of North America, LLC on 11/16/2022. (tgall, )
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Filing 4
COMPLAINT AND JURY DEMAND against BMW Financial Services NA, LLC, BMW of North America, LLC, EPM Z8, LLC, filed by Cordell S. Pearce.(tgall, )
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Filing 3
FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry). (tgall, )
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Filing 2
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal, filed by attorney Natalie Rachel Klee. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, with a completed signature block to all future documents. (Text Only Entry). (tgall, )
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Filing 1
NOTICE OF REMOVAL by BMW of NORTH AMERICA LLC, EPM Z8, LLC d/b/a BMW OF LOVELAND, BMW FINANCIAL SERVICES NA from Denver District Court, Case Number 2022CV033257. (Filing fee $ 402, Receipt Number ACODC-8837661), filed by BMW of NORTH AMERICA LLC, EPM Z8, LLC d/b/a BMW OF LOVELAND, BMW FINANCIAL SERVICES NA. (Attachments: #1 Civil Cover Sheet Federal Civil Cover Sheet, #2 Exhibit Complaint and Jury Demand, #3 Exhibit State Court Civil Cover Sheet, #4 Exhibit Return of Service Summons BMW NA, #5 Exhibit Return of Service Summons BMW Financial, #6 Exhibit Return of Service Summons EPM Z8, #7 Exhibit State Court Delay Reduction Order, #8 Exhibit State Court Pretrial Discovery Order, #9 Exhibit State Court Webex Procedures, #10 Exhibit State Court Register of Actions)(Klee, Natalie)
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