Sims v. BMW of North America LLC
| William Harrison Sims |
| BMW of North America LLC and Bayerische Motoren Werke AG |
| Gloria Sims |
| Michael C Siboni |
| 6:2022cv01685 |
| September 15, 2022 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Embry J Kidd |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 131
RESPONSE in Opposition re #130 MOTION to Continue TO RESCHEDULE HEARING filed by William Harrison Sims. (Leger, Christian)
|
|
Filing 130
MOTION to Continue TO RESCHEDULE HEARING by BMW of North America LLC, Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 129
MOTION to Compel Responses to Request for Admissions MOTION TO OVERRULE PLAINTIFF'S OBJECTIONS AND COMPEL RESPONSES TO REQUESTS FOR ADMISSIONS by BMW of North America LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2)(Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 128
NOTICE of hearing on motion re #114 MOTION to Overrule Objections and to Compel Full Responses to Request for Productions, #115 MOTION to Overrule Objections and to Compel Full Responses to Second Sets of Interrogatories, #113 MOTION to Overrule Objections and to Compel Full Responses to Second Request for Admissions. Motion Hearing set for 11/30/2023 at 09:30 AM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd. (JOR)
|
|
Filing 127
RESPONSE in Opposition re #126 MOTION to Compel Response to BMW NA's Interrogatory 20 filed by William Harrison Sims. (Leger, Christian)
|
|
Filing 126
MOTION to Compel Response to BMW NA's Interrogatory 20 by BMW of North America LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 125
RESPONSE in Opposition re #115 MOTION to Overrule Objections and to Compel Full Responses to Second Sets of Interrogatories filed by BMW of North America LLC. (Donis, Natalie)
|
|
Filing 124
RESPONSE in Opposition re #115 MOTION to Overrule Objections and to Compel Full Responses to Second Sets of Interrogatories filed by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 123
RESPONSE in Opposition re #114 MOTION to Overrule Objections and to Compel Full Responses to Request for Productions filed by BMW of North America LLC. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 122
RESPONSE in Opposition re #114 MOTION to Overrule Objections and to Compel Full Responses to Request for Productions filed by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 121
RESPONSE in Opposition re #113 MOTION to Overrule Objections and to Compel Full Responses to Second Request for Admissions filed by BMW of North America LLC. (Donis, Natalie)
|
|
Filing 120
RESPONSE in Opposition re #113 MOTION to Overrule Objections and to Compel Full Responses to Second Request for Admissions filed by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 119
Third AMENDED COMPLAINT against All Defendants with Jury Demand. filed by William Harrison Sims.(Nauman, Steven) Modified on 11/13/2023 (SPM).
|
|
Filing 118
RESPONSE in Opposition re #112 MOTION to Quash Non-Party Subpoenas filed by BMW of North America LLC. (Attachments: #1 Exhibit A-C, #2 Exhibit D)(Donis, Natalie)
|
|
Filing 117
ORDER granting #104 Motion for Leave to File Third Amended Complaint. Plaintiff shall file his Third Amended Complaint on or before November 16, 2023. Signed by Judge Paul G. Byron on 11/9/2023. (ABP)
|
|
Filing 116
ORDER granting #107 Motion to Quash. The subpoenas duces tecum to T-Mobile and Verizon are QUASHED. Signed by Magistrate Judge Embry J. Kidd on 11/8/2023. (Kidd, Embry)
|
|
Filing 115
MOTION to Overrule Objections and to Compel Full Responses to Second Sets of Interrogatories by William Harrison Sims. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 11/8/2023 (JK).
|
|
Filing 114
MOTION to Overrule Objections and to Compel Full Responses to Request for Productions by William Harrison Sims. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 11/8/2023 (JK).
|
|
Filing 113
MOTION to Overrule Objections and to Compel Full Responses to Second Request for Admissions by William Harrison Sims. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 11/8/2023 (JK).
|
|
Filing 112
TIME SENSITIVE MOTION to Quash Non-Party Subpoenas and for Protective Order by Gloria Sims, William Harrison Sims. (Attachments: #1 Exhibit A - AT&T Subpoena, #2 Exhibit B - T-Mobile Subpoena, #3 Exhibit C - Boost Mobile Subpoena)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd. (Modified on 11/7/2023, chambers notified) (BGR).
|
|
Filing 111
NOTICE of Appearance by Christian Leger on behalf of Gloria Sims, William Harrison Sims (Leger, Christian)
|
|
Filing 110
REPLY to Response to Motion re #107 MOTION to Quash Non-Party Subpoenas filed by Gloria Sims, William Harrison Sims. (Nauman, Steven)
|
|
Filing 109
ENDORSED ORDER taking under advisement #107 Motion to Quash. On or before October 23, 2023, Plaintiff is directed to file a reply, not to exceed 500 words, addressing Defendant's argument regarding the effect of separation on the marital communications privilege. Signed by Magistrate Judge Embry J. Kidd on 10/17/2023. (Kidd, Embry)
|
|
Filing 108
RESPONSE in Opposition re #107 MOTION to Quash Non-Party Subpoenas filed by BMW of North America LLC. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 107
Time Sensitive MOTION to Quash Non-Party Subpoenas by Gloria Sims, William Harrison Sims. (Attachments: #1 Exhibit A - Subpoenas, #2 Exhibit B - Gloria Sims Declaration)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd. (chambers notified) Modified on 10/12/2023 as to docket text(ARL).
|
|
Filing 106
NOTICE of Appearance by Steven E. Nauman on behalf of Gloria Sims (Nauman, Steven)
|
|
Filing 105
RESPONSE in Opposition re #104 MOTION to Amend #17 Amended Complaint filed by BMW of North America LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Donis, Natalie)
|
|
Filing 104
MOTION to Amend #17 Amended Complaint by William Harrison Sims. (Attachments: #1 Exhibit A - Third Amended Complaint, #2 Exhibit B - Plaintiff's Rule 26 Initial Disclosures)(Nauman, Steven)
|
|
Filing 103
TRANSCRIPT of Hearing on Motions to Compel held on 9/13/23 before Judge Embry J. Kidd. Court Reporter: Suzanne L. Trimble. Email address: trimblecourtreporter@outlook.com. Telephone number: 407.900.8775. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/12/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/20/2023. (SLT)
|
|
Filing 102
NOTICE of Appearance by Mark Patterson on behalf of William Harrison Sims (Patterson, Mark)
|
|
Filing 101
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 4/1/2024. Dispositive motions due by 5/1/2024. Pretrial statement due by 8/5/2024. All other motions due by 8/19/2024. Plaintiff disclosure of expert report due by 2/5/2024. Defendant disclosure of expert report due by 3/4/2024. Final Pretrial Conference set for 9/17/2024 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 10/1/2024 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 4/15/2024. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 9/15/2023. (KM)
|
|
Filing 100
ORDER granting in part and denying in part #75 Plaintiff's Short-Form Motion to Compel Defendant BMW AG to Respond to Interrogatories and Motion for Sanctions; granting in part and denying in part #76 Plaintiff's Short-Form Motion to Compel Defendant BMW AG to Respond to Requests for Production and Motion for Sanctions; granting in part and denying in part #77 Plaintiff's Short-Form Motion to Compel and to Determine the Sufficiency of BMW AG's Response to Request for Admission and Motion for Sanctions; granting in part and denying in part #78 Plaintiff's Short-Form Motion to Compel Defendants' Rule30(B)(6) Depositions and Motion for Sanctions. Signed by Magistrate Judge Embry J. Kidd on 9/15/2023. (ADH)
|
|
Filing 99
Minute Entry. In Person Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 9/13/2023 re #76 MOTION to Compel BMW AG to Respond to Requests for Production and Motion for Sanctions filed by William Harrison Sims, #75 MOTION to Compel BMW AG to Respond to Interrogatories and Motion for Sanctions filed by William Harrison Sims, #77 MOTION to Compel and to Determine the Sufficiency of BMW AG's Response to Request for Admission and Motion for Sanctions filed by William Harrison Sims, #78 MOTION to Compel Defendants' Rule 30(b)(6) Depositions and Motion for Sanctions filed by William Harrison Sims. Court Reporter: Suzanne L. Trimble (JOR)
|
|
Filing 98
NOTICE of Appearance by Brian Douglas Equi on behalf of BMW of North America LLC, Bayerische Motoren Werke AG (Equi, Brian)
|
|
Filing 97
NOTICE of Cancellation of 9/13/2023 10:00 am Mediation by Michael C Siboni re #33 Notice of mediation conference/hearing (Siboni, Michael) Modified on 9/13/2023 to edit docket text (AJS).
|
|
Filing 96
ENDORSED ORDER granting #79 Motion to Modify Case Management Scheduling Order. Upon due consideration, the Court finds that modification of CMSO deadlines is warranted. An amended CMSO is forthcoming. Signed by Judge Paul G. Byron on 9/12/2023. (ABP)
|
|
Filing 95
Joint CERTIFICATE of compliance with Ongoing Conferral Requirement by William Harrison Sims. (Nauman, Steven) Modified to edit docket text on 9/12/2023 (HAI).
|
|
Filing 94
RESPONSE to Motion re #79 MOTION to Modify #26 Case Management Scheduling Order filed by BMW of North America LLC, Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie) Modified on 9/8/2023 (JTM).
|
|
Filing 93
REPLY to Response to Motion re #76 MOTION to Compel BMW AG to Respond to Requests for Production and Motion for Sanctions , #75 MOTION to Compel BMW AG to Respond to Interrogatories and Motion for Sanctions , #78 MOTION to Compel Defendants' Rule 30(b)(6) Depositions and Motion for Sanctions filed by William Harrison Sims. (Nauman, Steven)
|
|
Filing 92
NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Motions to Compel hearing previously scheduled for 09/13/2023 is rescheduled. New hearing time: Motions Hearing (docs 75,76,77 and 78) set for 9/13/2023 at 01:00 PM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd. (JOR)
|
|
Filing 91
ENDORSED ORDER granting #90 Motion to Continue. The hearing will be rescheduled by separate notice. Signed by Magistrate Judge Embry J. Kidd on 9/1/2023. (Kidd, Embry)
|
|
Filing 90
Unopposed MOTION for Miscellaneous Relief, specifically to Reschedule Discovery Hearing by William Harrison Sims. (Nauman, Steven)
|
|
Filing 89
NOTICE of hearing on motions re #77 MOTION to Compel and to Determine the Sufficiency of BMW AG's Response to Request for Admission and Motion for Sanctions , #75 MOTION to Compel BMW AG to Respond to Interrogatories and Motion for Sanctions , #76 MOTION to Compel BMW AG to Respond to Requests for Production and Motion for Sanctions , #78 MOTION to Compel Defendants' Rule 30(b)(6) Depositions and Motion for Sanctions . Motions Hearing set for 9/13/2023 at 09:30 AM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd. (JOR)
|
|
Filing 88
ANSWER and affirmative defenses with Jury Demand to #17 Amended Complaint by Bayerische Motoren Werke AG.(Donis, Natalie)
|
|
Filing 87
ENDORSED ORDER granting #86 Motion for Leave to File a Reply. On or before September 1, 2023, Plaintiff may file an omnibus reply that does not exceed 500 words. The Court will separately schedule a hearing on the motions. Signed by Magistrate Judge Embry J. Kidd on 8/29/2023. (Kidd, Embry)
|
|
Filing 86
MOTION for Miscellaneous Relief, specifically for Leave to File Reply by William Harrison Sims. (Nauman, Steven)
|
|
Filing 85
RESPONSE to Motion re #76 MOTION to Compel BMW AG to Respond to Requests for Production and Motion for Sanctions filed by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 84
RESPONSE to Motion re #75 MOTION to Compel BMW AG to Respond to Interrogatories and Motion for Sanctions filed by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 83
RESPONSE to Motion re #78 MOTION to Compel Defendants' Rule 30(b)(6) Depositions and Motion for Sanctions filed by BMW of North America LLC, Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 82
RESPONSE in Opposition re #77 MOTION to Compel and to Determine the Sufficiency of BMW AG's Response to Request for Admission and Motion for Sanctions filed by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 81
RESPONSE in Opposition re #76 MOTION to Compel BMW AG to Respond to Requests for Production and Motion for Sanctions filed by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 80
RESPONSE to Motion re #75 MOTION to Compel BMW AG to Respond to Interrogatories and Motion for Sanctions filed by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 79
MOTION to Modify #26 Case Management Scheduling Order by William Harrison Sims. (Nauman, Steven)
|
|
Filing 78
MOTION to Compel Defendants' Rule 30(b)(6) Depositions and Motion for Sanctions by William Harrison Sims. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 77
MOTION to Compel and to Determine the Sufficiency of BMW AG's Response to Request for Admission and Motion for Sanctions by William Harrison Sims. (Attachments: #1 Exhibit A)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 76
MOTION to Compel BMW AG to Respond to Requests for Production and Motion for Sanctions by William Harrison Sims. (Attachments: #1 Exhibit A)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 75
MOTION to Compel BMW AG to Respond to Interrogatories and Motion for Sanctions by William Harrison Sims. (Attachments: #1 Exhibit A)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 74
ORDER denying #36 Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Judge Paul G. Byron on 8/16/2023. (SJB)
|
|
Filing 73
ORDER denying #69 Motion to Modify Non-Party Subpoena and for Protective Order. The Takata Airbag Tort Compensation Trust Fund and Individual Restitution Fund are ORDERED to respond to the subpoena on or before August 22, 2023. Signed by Magistrate Judge Embry J. Kidd on 8/15/2023. (AS)
|
|
Filing 72
RESPONSE in Opposition re #69 Time Sensitive MOTION to Quash Modify Subpoena and for Protective Order filed by BMW of North America LLC. (Attachments: #1 Exhibit A)(Donis, Natalie)
|
|
Filing 71
ENDORSED ORDER taking under advisement #69 Motion to Quash. The Takata Airbag Tort Compensation Trust Fund and Individual Restitution Fund shall not respond to the subpoena referenced in the Motion until further order of the Court. Signed by Magistrate Judge Embry J. Kidd on 8/8/2023. (Kidd, Embry)
|
|
Filing 70
CERTIFICATE of compliance re #69 Time Sensitive MOTION to Quash Modify Subpoena and for Protective Order (Certificate of Ongoing Conferral) by William Harrison Sims. (Nauman, Steven)
|
|
Filing 69
Time Sensitive MOTION to Quash Modify Subpoena and for Protective Order by William Harrison Sims. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Trust Distribution Procedures ("TDP")(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/8/2023 as to docket text (ARL).
|
|
Filing 68
ENDORSED ORDER denying #67 Motion to Stay Discovery. The Court does not ordinarily stay discovery for pending motions absent good cause shown. Signed by Judge Paul G. Byron on 7/24/2023. (ABP)
|
|
Filing 67
Time Sensitive MOTION to Stay Discovery by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Donis, Natalie)
|
|
Filing 66
ENDORSED ORDER granting #64 Motion to Compel. The #26 Case Management and Scheduling Order specifically states on page 2: "The parties are advised that the pendency of a dispositive motion, such as a motion to dismiss or for summary judgment, does not stay the deadline for completion of discovery." Moreover, the cases cited by BMW AG regarding leave to conduct jurisdictional discovery are completely inapposite for the reasons stated in the Court's prior #63 Order. Since BMW AG has provided no other legal support for its objections to the discovery requests at issue, the Motion to Compel is GRANTED, BMW AG's objections are OVERRULED, and BMW AG must respond to the requests, in full, on or before August 2, 2023. Signed by Magistrate Judge Embry J. Kidd on 7/19/2023. (Kidd, Embry)
|
|
Filing 65
RESPONSE in Opposition re #64 MOTION to Compel Defendant BMW AG to Respond to Discovery filed by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 64
SHORT-FORM Discovery MOTION to Compel Defendant BMW AG to Respond to Discovery by William Harrison Sims. (Attachments: #1 Exhibit A - Plaintiff's RFP to BMW AG, #2 Exhibit B - Plaintiff's RFA to BMW AG, #3 Exhibit C - Plaintiff's IR to BMW AG, #4 Exhibit D - BMW AG's Objection to RFP, #5 Exhibit E - BMW AG's Objection to RFA, #6 Exhibit F - BMW AG's Objection to IR)(Nauman, Steven) Motions referred to Magistrate Judge Embry J. Kidd. (Modified on 7/14/2023, to edit text) (BGR).
|
|
Filing 63
ORDER denying #59 Motion to Quash; denying #61 Motion for Attorneys' Fees. Signed by Magistrate Judge Embry J. Kidd on 5/30/2023. (Kidd, Embry)
|
|
Filing 62
NOTICE of supplemental authority re #36 MOTION to Dismiss for Lack of Personal Jurisdiction by William Harrison Sims. (Attachments: #1 Exhibit Triche Order Denying Rehearing and Cert)(Nauman, Steven)
|
|
Filing 61
RESPONSE in Opposition re #59 MOTION to Quash Subpoenas or, in the Alternative, Request for a Protective Order and Supporting Memorandum of Law And Plaintiff's Request for Attorneys' Fees filed by William Harrison Sims. (Nauman, Steven) Modified on 5/19/2023 to edit docket text (SRD).
|
|
Filing 60
ENDORSED ORDER taking under advisement #59 Motion to Quash. The Court notes that this Motion fails to comply with the Order on Discovery Motions. The parties are warned that the Court expects strict compliance with that Order. Nevertheless, upon review of the Motion, the Court will allow this issue to be briefed without regard to the Order. Signed by Magistrate Judge Embry J. Kidd on 5/5/2023. (AS)
|
|
Filing 59
MOTION to Quash Subpoenas or, in the Alternative, Request for a Protective Order and Supporting Memorandum of Law by BMW of North America LLC. (Attachments: #1 Exhibit Plaintiff's Subpoenas, #2 Exhibit Plaintiff's Notices of Subpoenas DT)(Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/5/2023 to edit docket text (SRD).
|
|
Filing 58
ENDORSED ORDER denying #56 Motion for Leave to File Sur-Reply. The Court does not require the benefit of further briefing at this time. However, if additional briefing is deemed necessary in the future, the Court will direct the parties to file accordingly at the appropriate time. Signed by Judge Paul G. Byron on 4/24/2023. (ABP)
|
|
Filing 57
RESPONSE in Opposition re #56 MOTION for Leave to File a Sur-Reply filed by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 56
MOTION for Leave to File a Sur-Reply by William Harrison Sims. (Nauman, Steven) Modified on 4/21/2023 to edit docket text (SRD).
|
|
Filing 55
REPLY to Response to Motion re #36 Motion to Dismiss / Lack of Jurisdiction filed by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Donis, Natalie) Modified on 4/21/2023 to edit docket text (SRD).
|
|
Filing 54
ENDORSED ORDER granting #52 Motion for Leave to File Document. Defendant Bayerische Motoren Werke AG may file a reply of no more than ten (10) pages on or before April 21, 2023. Signed by Judge Paul G. Byron on 4/12/2023. (ABP)
|
|
Filing 53
RESPONSE in Opposition re #52 MOTION for Leave to File A Reply and Supporting Memorandum of Law filed by William Harrison Sims. (Nauman, Steven) Modified on 4/12/2023 to edit docket text (SRD).
|
|
Filing 52
MOTION for Leave to File A Reply and Supporting Memorandum of Law by Bayerische Motoren Werke AG. (Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 4/12/2023 to edit docket text (SRD).
|
|
Filing 51
RESPONSE in Opposition re #36 MOTION to Dismiss for Lack of Personal Jurisdiction filed by William Harrison Sims. (Attachments: #1 Exhibit A - BMW NA IR Answers, #2 Exhibit B - BMW AG in the U.S., #3 Exhibit C - BMW AG History, #4 Exhibit D - BMW AG Statement on Corporate Governance, #5 Exhibit E - BMW AG Articles of Incorporation, #6 Exhibit F - BMW Dealership Locations, #7 Exhibit G - Jax Distribution Center, #8 Exhibit H - Jax Distribution Center, #9 Exhibit I - BMW AG at Art Basel Miami 2021, #10 Exhibit J - BMW AG in Amelia Island 2022, #11 Exhibit K - BMW AG in Amelia Island 2023, #12 Exhibit L - BMW AG in Amelia Island 2016, #13 Exhibit M - Oliver Zipse in Daytona, #14 Exhibit N - Oliver Zipse in Daytona, #15 Exhibit O - FL Trademark Lawsuit #1, #16 Exhibit P - FL Trademark Lawsuit #2, #17 Exhibit Q - FL Trademark Lawsuit #3, #18 Exhibit R - FL Trademark Lawsuit #4, #19 Exhibit S - FL Trademark Lawsuit #5, #20 Exhibit T - FL Trademark Lawsuit #6, #21 Exhibit U - FL Trademark Lawsuit #7, #22 Exhibit V - FL Trademark Lawsuit #8, #23 Exhibit W - FL Trademark Lawsuit #9)(Nauman, Steven)
|
|
Filing 50
DECLARATION of Steven E. Nauman by William Harrison Sims. (Nauman, Steven)
|
|
Filing 49
DECLARATION of Rosemary A. Coates by William Harrison Sims. (Attachments: #1 Exhibit A - Coates CV, #2 Exhibit B - Import Data, #3 Exhibit C - Florida Ports, #4 Exhibit D - Florida Consignees)(Nauman, Steven)
|
|
Filing 48
ENDORSED ORDER discharging #43 Order to show cause. Signed by Judge Paul G. Byron on 3/24/2023. (GNB)
|
|
Filing 47
RESPONSE TO ORDER TO SHOW CAUSE re #43 Order to show cause, filed by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 46
CORPORATE Disclosure Statement by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 45
ORDER denying without prejudice #42 Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 3/17/2023. (AS)
|
|
Filing 44
RETURN of service executed on 02/06/2023 by William Harrison Sims as to Bayerische Motoren Werke AG. (Attachments: #1 Affidavit)(Nauman, Steven)
|
|
Filing 43
ORDER TO SHOW CAUSE as to Bayerische Motoren Werke AG. Defendant has failed to comply with the Court's Order #3. Defendant shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in the imposition of appropriate sanctions without further notice. Signed by Judge Paul G. Byron on 3/14/2023. (GNB)
|
|
Filing 42
Unopposed MOTION for Entry of Confidentiality Protective Order by BMW of North America LLC. (Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/13/2023 to edit docket text (SRD).
|
|
Filing 41
ENDORSED ORDER granting #40 Motion for Extension of Time. Plaintiff may have until and through April 3, 2023, to respond to the Motion to Dismiss. Signed by Magistrate Judge Embry J. Kidd on 3/6/2023. (Kidd, Embry)
|
|
Filing 40
Unopposed MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Dismiss for Lack of Personal Jurisdiction by William Harrison Sims. (Nauman, Steven)
|
|
Filing 39
ORDER granting #38 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 3/2/2023. (AS)
|
|
Filing 38
MOTION for Matthew G. Berard to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20560812 for $150 by BMW of North America LLC, Bayerische Motoren Werke AG. (Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 37
REQUEST for oral argument re #36 MOTION to Dismiss for Lack of Personal Jurisdiction by Bayerische Motoren Werke AG. (Donis, Natalie)
|
|
Filing 36
MOTION to Dismiss for Lack of Personal Jurisdiction by Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Donis, Natalie) Modified on 2/28/2023 to edit docket text (SRD).
|
|
Filing 35
ENDORSED ORDER discharging #28 Order to Show Cause. Plaintiff is DIRECTED to file a status report on or before May 1, 2023 and every sixty (60) days thereafter, if necessary, regarding the efforts to perfect service of process on Defendant Bayerische Motoren Werke AG. Signed by Judge Paul G. Byron on 2/15/2023. (ABP)
|
|
Filing 34
RESPONSE TO ORDER TO SHOW CAUSE re #28 Order to show cause and Status Report on Service of Process on Defendant, Bayerische Motoren Werke AG, filed by William Harrison Sims. (Attachments: #1 Exhibit A)(Nauman, Steven) Modified on 2/2/2023 to edit docket text (SRD).
|
|
Filing 33
NOTICE of mediation conference/hearing to be held on 9/13/2023 at 10:00 a.m. before Michael C. Siboni. (Nauman, Steven)
|
|
Filing 32
NOTICE of Lead Counsel Designation by Natalie Donis on behalf of BMW of North America LLC. Lead Counsel: Natalie Donis. (Donis, Natalie)
|
|
Filing 31
ORDER granting #30 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/27/2023. (AS)
|
|
Filing 30
MOTION for Drew P. Branigan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20440311 for $150 by BMW of North America LLC. (Donis, Natalie) Motions referred to Magistrate Judge Embry J. Kidd.
|
|
Filing 29
NOTICE to counsel Natalie Donis of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SRD)
|
|
Filing 28
ORDER TO SHOW CAUSE as to William Harrison Sims. Plaintiff shall SHOW CAUSE within fourteen (14) days from the date of this Order why the Complaint against Defendant Bayerische Motoren Werke AG should not be dismissed for failure to comply with the Federal Rules of Civil Procedure 4(m). Failure to respond to this Order may result in dismissal of this case as to said Defendant without further notice from the Court. Signed by Judge Paul G. Byron on 1/24/2023. (GNB)
|
|
Filing 27
CASE REFERRED to Mediation. (SRD)
|
|
Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/24/2023 Joinder of Parties due by 3/24/2023 Discovery due by 12/4/2023 Dispositive motions due by 1/2/2024 Pretrial statement due by 4/15/2024 All other motions due by 4/22/2024 Plaintiff disclosure of expert report due by 10/2/2023 Defendant disclosure of expert report due by 11/1/2023 Final Pretrial Conference set for 5/21/2024 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Jury Trial set for 6/3/2024 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 12/18/2023. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 1/13/2023. (GNB)
|
|
Filing 25
CASE MANAGEMENT REPORT. (Nauman, Steven)
|
|
Filing 24
CORPORATE Disclosure Statement by BMW of North America LLC. (Donis, Natalie)
|
|
Filing 23
ANSWER and affirmative defenses with Jury Demand to #17 Amended Complaint by BMW of North America LLC.(Donis, Natalie)
|
|
Filing 22
RETURN of service executed on October 27, 2022 by William Harrison Sims as to BMW of North America LLC. (Felix, Andrew)
|
|
Filing 21
SUMMONS issued as to Bayerische Motoren Werke AG. (KNC)
|
|
Filing 20
PROPOSED summons to be issued by William Harrison Sims. (Felix, Andrew)
|
|
Filing 19
SUMMONS issued as to BMW of North America LLC. (KNC)
|
|
Filing 18
PROPOSED summons to be issued by William Harrison Sims. (Felix, Andrew)
|
|
Filing 17
SECOND AMENDED COMPLAINT against BMW of North America LLC with Jury Demand. filed by William Harrison Sims.(Nauman, Steven) Modified on 10/21/2022 to edit docket text (KNC).
|
|
Filing 16
ENDORSED ORDER granting #15 Motion to Withdraw. Attorney Laurence Trias is hereby withdrawn from the case. Signed by Magistrate Judge Embry J. Kidd on 10/18/2022. (Kidd, Embry)
|
|
Filing 15
Unopposed MOTION to Withdraw as Attorney by William Harrison Sims. (Trias, Laurence) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/14/2022 to edit docket text (KNC).
|
|
Filing 14
ENDORSED ORDER granting #13 Motion to Amend. Plaintiff may file a Second Amended Complaint on or before October 21, 2022. Signed by Magistrate Judge Embry J. Kidd on 10/7/2022. (Kidd, Embry)
|
|
Filing 13
MOTION to Amend #7 Amended Complaint by William Harrison Sims. (Nauman, Steven)
|
|
Filing 12
NOTICE of Lead Counsel Designation by Andrew Parker Felix on behalf of William Harrison Sims. Lead Counsel: Andrew Parker Felix. (Felix, Andrew)
|
|
Filing 11
NOTICE of Appearance by Andrew Parker Felix on behalf of William Harrison Sims (Felix, Andrew)
|
|
Filing 10
CERTIFICATE of interested persons and corporate disclosure statement by William Harrison Sims. (Nauman, Steven)
|
|
Filing 9
NOTICE of a related action per Local Rule 1.07(c) by William Harrison Sims. Related case(s): No (Nauman, Steven)
|
|
Filing 8
NOTICE of Appearance by Steven E. Nauman on behalf of William Harrison Sims (Nauman, Steven)
|
|
Filing 7
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by William Harrison Sims.(Trias, Laurence)
|
|
Filing 6
ORDER re #1 Complaint. The Complaint is DISMISSED WITHOUT PREJUDICE. On or before September 30, 2022, Plaintiff may file an Amended Complaint. Absent timely compliance with the requirements of this Order, this action will be CLOSED without further notice. Signed by Judge Paul G. Byron on 9/16/2022. (ABP)
|
|
Filing 5
SUMMONS issued as to BMW of North America LLC. (SRD)
|
|
Filing 4
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 9/16/2022. (PML)
|
|
Set/reset deadlines/hearings: Amended Complaint due by 9/30/2022 (JK)
|
|
Filing 3
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 9/15/2022. (AKC)
|
|
Filing 2
NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-1685-PGB-EJK. (SJB)
|
|
Filing 1
COMPLAINT against BMW of North America LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-20000386) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Trias, Laurence)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
