Beeney et al v. FCA US, LLC et al
| Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr., Darell Upshaw, John Bucalo, Jeff Vance, Daniel Childs and Scott Cook |
| FCA US, LLC and Stellantis N.V. |
| 1:2022cv00518 |
| April 22, 2022 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Todd M Hughes |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER, For the reasons set forth in the Memorandum Opinion issued this date, IT IS HEREBY ORDERED that FCA's Motion to Dismiss Plaintiffs' First Amended Class Action Complaint (D.I. #21 ) is granted. (CASE CLOSED). Signed by Judge Todd M. Hughes on 10/20/2023. (twk)
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Filing 43
MEMORANDUM OPINION. Signed by Judge Todd M. Hughes on 10/20/2023. (twk)
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Filing 42
NOTICE of Voluntary Dismissal by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance as to Stellantis N.V. (Bifferato, Ian)
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Filing 41
SO ORDERED, regarding D.I. #39 Joint STIPULATION Tolling Agreement. Signed by Judge Todd M. Hughes on 9/1/2023. (apk)
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Filing 40
Supplemental REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim filed by FCA US, LLC. (Reno, Jessica)
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Filing 39
Joint STIPULATION Tolling Agreement by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance. (Bifferato, Ian)
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Filing 38
NOTICE of Response to Defendant's Notice of Supplemental Authority by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance re #37 Notice (Other), (Bifferato, Ian)
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Filing 37
NOTICE of Notice of Supplemental Authority in Support of FCA US LLC's Motion to Dismiss by FCA US, LLC re #21 MOTION to Dismiss for Failure to State a Claim , #28 Reply Brief, (Attachments: #1 Exhibit Supplemental Authority)(Brannigan, Patrick)
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Minute Entry for proceedings held before Judge Todd M. Hughes - Oral Argument held on 4/18/2023. (Court Reporter: Deanna Warner). (twk)
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Filing 36
NOTICE of Appearance of Newer Attorney at Oral Argument by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance (Bifferato, Ian)
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Filing 35
SO ORDERED, re #34 MOTION for Pro Hac Vice Appearance of Attorney Sara Delaney Brooks - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance. Signed by Judge Todd M. Hughes on 3/29/23. (smg)
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Filing 34
MOTION for Pro Hac Vice Appearance of Attorney Sara Delaney Brooks - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance. (Bifferato, Ian)
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Pro Hac Vice Attorney Sara Delaney Brooks for Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, and Jeff Vance added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 33
ORAL ORDER, the #31 MOTION for Leave to File a Sur-Reply in Opposition to Defendant's Motion to Dismiss is DENIED. Ordered by Judge Todd M. Hughes on 3/27/2023. (twk)
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Filing 32
RESPONSE to Motion re #31 MOTION for Leave to File a Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by FCA US, LLC. (Brannigan, Patrick)
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Remark: The Oral Argument scheduled for April 18, 2023, will be held in Courtroom 4A. (smg)
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Filing 31
MOTION for Leave to File a Sur-Reply in Opposition to Defendant's Motion to Dismiss - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Bifferato, Ian)
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Filing 30
ORAL ORDER: An Oral Argument is set for April 18, 2023, at 2:00 pm, on FCA US, LLC's motion to dismiss (D.I. #21 ), in a courtroom to be determined at the District of Delaware Courthouse before Judge Todd M. Hughes. Each party shall have thirty minutes for argument. Ordered by Judge Todd M. Hughes on 03/03/2023. (smg)
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Filing 29
REQUEST for Oral Argument by FCA US, LLC re #21 MOTION to Dismiss for Failure to State a Claim . (Brannigan, Patrick)
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Filing 28
REPLY BRIEF re #21 MOTION to Dismiss for Failure to State a Claim FCA US LLC's Reply Brief in Support of its Motion to Dismiss Plaintiffs' First Amended Class Action Complaint filed by FCA US, LLC. (Attachments: #1 Exhibit A)(Brannigan, Patrick)
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Filing 27
ANSWERING BRIEF in Opposition re #21 MOTION to Dismiss for Failure to State a Claim filed by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance.Reply Brief due date per Local Rules is 2/6/2023. (Bifferato, Ian)
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Pro Hac Vice Attorney Simon Wiener for Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell, and Jeff Vance added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr)
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Filing 26
MOTION for Pro Hac Vice Appearance of Attorney Simon Wiener - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance. (Bifferato, Ian)
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SO ORDERED, regarding D.I. #26 MOTION for Pro Hac Vice Appearance of Attorney Simon Wiener filed by Robert Collingwood, Scott Cook, Trevor Cole, John Bucalo, Billey E. Rowles, Jr., Perry Beeney, Wendy Beeney, Gary Dutkowski, Darell Upshaw, Jeff Vance, Daniel Childs, Nathan Benefield. Signed by Judge Todd M. Hughes on 1/24/2023. (apk)
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Filing 25
SO ORDERED, re #24 Joint STIPULATION AND [PROPOSED] ORDER EXPANDING PAGE LIMITS. Plaintiffs' response brief is due Monday, January 30, and FCA US LLC's reply brief is due Friday, February 24. Ordered by Judge Todd M. Hughes on 1/23/2023. (twk) Modified on 1/26/2023 (apk).
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Filing 24
Joint STIPULATION AND [PROPOSED] ORDER EXPANDING PAGE LIMITS by Perry Beeney, Wendy Beeney, Nathan Benefield, John Bucalo, Daniel Childs, Trevor Cole, Robert Collingwood, Scott Cook, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw, Jeff Vance. (Bifferato, Ian)
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Case Reassigned to Judge Todd M. Hughes of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (TMH) after the case number on all documents filed. (rjb)
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Filing 23
NOTICE of CONSENT OR ABSENCE OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by FCA US, LLC (Brannigan, Patrick)
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Remark: Pursuant to the Court's Standing Order Regarding Briefing in All Cases, dated November 10, 2022, "[t]he covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: i. Opening Brief Blue; ii. Answering Brief Red; iii. Reply Brief Gray." D.I. #22 is being returned to local counsel for compliance. Please have your brief and supporting document(s) picked up from the Clerk's office and resubmit courtesy copies with the corrected covers. Chief Judge Connolly requires two courtesy copies of all briefs and letters and one courtesy copy of any other document filed in support of any brief or letter (i.e., appendices, exhibits, declarations, affidavits etc.). (kmd)
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Filing 22
OPENING BRIEF in Support re #21 MOTION to Dismiss for Failure to State a Claim filed by FCA US, LLC.Answering Brief/Response due date per Local Rules is 12/19/2022. (Brannigan, Patrick)
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Filing 21
MOTION to Dismiss for Failure to State a Claim - filed by FCA US, LLC. (Attachments: #1 Text of Proposed Order)(Brannigan, Patrick)
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Pro Hac Vice Attorney William H. Anderson and Rebecca P. Chang for Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, and Gary Dutkowski added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr)
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Filing 20
ORAL ORDER: It is HEREBY ORDERED that on or before December 9, 2022, the parties shall, after meeting and conferring, complete and file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge" that has been docketed with this Order. If the parties do not consent to a Magistrate Judge, the Court intends to assign the case to a Visiting Judge. Ordered by Judge Colm F. Connolly on 12/1/2022. (nmf)
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Filing 19
First AMENDED COMPLAINT against FCA US, LLC, Stellantis N.V.- filed by Gary Dutkowski, Wendy Beeney, Trevor Cole, Robert Collingwood, Darell Upshaw, Perry Beeney, Billey E. Rowles, Jr, Nathan Benefield, John Bucalo, Jeff Vance, Daniel Childs, Scott Cook. (Attachments: #1 Exhibit A. Redline Complaint)(Bifferato, Ian)
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Filing 18
MOTION for Pro Hac Vice Appearance of Attorney William H. Anderson - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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Filing 17
MOTION for Pro Hac Vice Appearance of Attorney Rebecca P. Chang - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #18 William H. Anderson and #17 Rebecca P. Chang, filed by Robert Collingwood, Trevor Cole, Billey E. Rowles, Jr., Perry Beeney, Darell Upshaw, Gary Dutkowski, Wendy Beeney, Nathan Benefield. Ordered by Judge Colm F. Connolly on 10/18/2022. (kmd)
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Pro Hac Vice Attorney David Stein,Kyla J. Gibboney, and Rosemary Rivas for Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, and Darell Upshaw added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 16
MOTION for Pro Hac Vice Appearance of Attorney Rosemary Rivas - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney Kyla J. Gibboney - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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Filing 14
MOTION for Pro Hac Vice Appearance of Attorney David Stein - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #14 David Stein, #16 Rosemary Rivas, #15 Kyla J. Gibboney, filed by Robert Collingwood, Trevor Cole, Billey E. Rowles, Jr., Perry Beeney, Darell Upshaw, Gary Dutkowski, Wendy Beeney, Nathan Benefield. Ordered by Judge Colm F. Connolly on 9/29/2022. (kmd)
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Filing 13
SO ORDERED, re #12 Joint STIPULATION and Proposed Order Extending Deadline for Plaintiffs to Amend Their Complaint and Setting Briefing Schedule for FCA US LLC's Responsive Pleading. 1. Plaintiffs shall file their amended complaint by October 21, 2022; 2. Defendant shall file its response to the amended complaint by December 5, 2022; 3. Plaintiffs will respond to any motion filed in response to the amended complaint by January 30, 2023; 4. Defendant will file its reply to Plaintiffs' response by February 24, 2023. Signed by Judge Colm F. Connolly on 9/23/2022. (nmf)
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Filing 12
Joint STIPULATION and Proposed Order Extending Deadline for Plaintiffs to Amend Their Complaint and Setting Briefing Schedule for FCA US LLC's Responsive Pleading re #1 Complaint, #7 MOTION to Dismiss for Failure to State a Claim , #5 Waiver of Service Executed, by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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Pro Hac Vice Attorney Stephen A. D'Aunoy and Scott H. Morgan for FCA US, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 11
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by FCA US, LLC. (Brannigan, Patrick)
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney Stephen A. D'Aunoy - filed by FCA US, LLC. (Brannigan, Patrick) (Main Document 10 replaced on 9/13/2022) (mpb).
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Filing 9
MOTION for Pro Hac Vice Appearance of Attorney Scott H. Morgan - filed by FCA US, LLC. (Brannigan, Patrick)
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Scott H. Morgan, filed by FCA US, LLC. Ordered by Judge Colm F. Connolly on 9/13/2022. (kmd)
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CORRECTING ENTRY: Per counsel's request, main document of D.I. #10 has been replaced. (mpb)
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Stephen A. D'Aunoy, filed by FCA US, LLC. Ordered by Judge Colm F. Connolly on 9/13/2022. (kmd)
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Filing 8
OPENING BRIEF in Support re #7 MOTION to Dismiss for Failure to State a Claim filed by FCA US, LLC.Answering Brief/Response due date per Local Rules is 9/26/2022. (Brannigan, Patrick)
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Filing 7
MOTION to Dismiss for Failure to State a Claim - filed by FCA US, LLC. (Attachments: #1 Text of Proposed Order)(Brannigan, Patrick)
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Filing 6
NOTICE of Appearance by Patrick Brannigan on behalf of FCA US, LLC (Brannigan, Patrick)
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Filing 5
WAIVER OF SERVICE returned executed by Gary Dutkowski, Wendy Beeney, Trevor Cole, Robert Collingwood, Darell Upshaw, Perry Beeney, Billey E. Rowles, Jr, Nathan Benefield: For FCA US, LLC waiver sent on 7/14/2022, answer due 9/12/2022. (Bifferato, Ian)
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Pro Hac Vice Attorney Jon Herskowitz for Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, and Darell Upshaw added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 4
MOTION for Pro Hac Vice Appearance of Attorney Jon M. Herskowitz - filed by Perry Beeney, Wendy Beeney, Nathan Benefield, Trevor Cole, Robert Collingwood, Gary Dutkowski, Billey E. Rowles, Jr, Darell Upshaw. (Bifferato, Ian)
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SO ORDERED, re #4 MOTION for Pro Hac Vice Appearance of Attorney Jon M. Herskowitz, filed by Robert Collingwood, Trevor Cole, Billey E. Rowles, Jr., Perry Beeney, Wendy Beeney, Gary Dutkowski, Darell Upshaw, Nathan Benefield. Ordered by Judge Colm F. Connolly on 6/22/2022. (kmd)
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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Filing 3
Summons Issued as to FCA US, LLC on 4/22/2022; Stellantis N.V. on 4/22/2022. (mpb)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
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Filing 1
COMPLAINT filed with Jury Demand against FCA US, LLC, Stellantis N.V. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3857662.) - filed by Gary Dutkowski, Wendy Beeney, Trevor Cole, Robert Collingwood, Darell Upshaw, Perry Beeney, Billey E. Rowles, Jr, Nathan Benefield. (Attachments: #1 Civil Cover Sheet)(mpb)
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