Action Nissan, Inc. v. Ford Motor Company et al
| Action Nissan, Inc. |
| Ford Motor Company and Hyundai Motor America Corporation |
| 6:2024cv00332 |
| February 15, 2024 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Embry J Kidd |
| Contract: Franchise |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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Filing 27
ORDER: the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before May 1, 2024. Signed by Judge Wendy W. Berger on 4/1/2024. (RMF)
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/1/2024 Joinder of Parties due by 8/1/2024 Discovery due by 10/3/2025 Dispositive motions due by 11/4/2025 Pretrial statement due by 3/9/2026 All other motions due by 2/6/2026 Plaintiff disclosure of expert report due by 8/5/2025 Defendant disclosure of expert report due by 9/4/2025 Trial Status Conference set for 3/10/2026 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the April 2026 trial term commencing on 4/6/2026 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 10/17/2025. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 4/1/2024. (RMF)
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| Filing 25 CASE MANAGEMENT REPORT. (Bader, Nicholas) |
| Filing 24 RESPONSE in Opposition re #20 MOTION to Dismiss Count I of Plaintiff's Complaint and Demand for Jury Trial filed by Action Nissan, Inc. (Bader, Nicholas) Modified text on 3/29/2024 (MCB). |
| Filing 23 RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim and/or for Lack of Subject Matter Jurisdiction filed by Action Nissan, Inc. (Bader, Nicholas) Modified text on 3/29/2024 (MCB). |
| Filing 22 CORPORATE Disclosure Statement by Action Nissan, Inc. (Bader, Nicholas) Modified docket text on 3/28/2024 (JOS). |
| Filing 21 CORPORATE Disclosure Statement by Hyundai Motor America Corporation identifying Corporate Parent Hyundai Motor Company for Hyundai Motor America Corporation.. (Boyd, Ginger) |
| Filing 20 MOTION to Dismiss Count I of Plaintiff's Complaint and Demand for Jury Trial by Ford Motor Company. (Kelso, Steven) |
| Filing 19 CORPORATE Disclosure Statement by Ford Motor Company. (Kelso, Steven) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim and/or for Lack of Subject Matter Jurisdiction by Hyundai Motor America Corporation. (Boyd, Ginger) |
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Filing 17
ORDER granting #16 Defendants' Unopposed Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 2/29/2024. (ADH)
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| Filing 16 Unopposed MOTION for Steven M. Kelso to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21812647 for $150 by Ford Motor Company. (Keller, Courtney) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 15
ORDER granting #14 Defendants' Unopposed Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 2/27/2024. (ADH) Modified on 2/29/2024 (ADH).
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| Filing 14 Unopposed MOTION for Christopher C. Genovese to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21803857 for $150 by Hyundai Motor America Corporation. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Boyd, Ginger) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 13 NOTICE of Lead Counsel Designation by Ginger Barry Boyd on behalf of Hyundai Motor America Corporation. Lead Counsel: Ginger Barry Boyd. (Boyd, Ginger) |
| Filing 12 NOTICE TO COUNSEL Ginger Barry Boyd and Todd K. Norman of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 11 NOTICE of Appearance by Todd K. Norman on behalf of Hyundai Motor America Corporation (Norman, Todd) |
| Filing 10 NOTICE of Appearance by Ginger Barry Boyd on behalf of Hyundai Motor America Corporation (Boyd, Ginger) |
| Filing 9 NOTICE of Appearance by Courtney M. Keller on behalf of Ford Motor Company (Keller, Courtney) |
| Filing 8 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 7
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 2/21/2024. (RMF)
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| Filing 6 Case Reassigned to Judge Wendy W. Berger. New case number: 6:24-cv-332-WWB-EJK. Judge Anne C. Conway no longer assigned to the case. (RPB) |
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Filing 5
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 2/21/2024. (JOR)
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Filing 4
ORDER reassigning this case to the Honorable Wendy W. Berger for all further proceedings, pursuant to Local Rule 1.04(b), Middle District of Florida, and with her consent, to be considered with Action Nissan, Inc. v. Ford Motor Co., Case No. 23cv2189-WWB-EJK. Signed by Judge Anne C. Conway on 2/19/2024. (KLD) Text modified re Judge signature date on 2/21/2024 (AJS).
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| Filing 3 SUMMONS issued as to Ford Motor Company, Hyundai Motor America Corporation. (JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:24-cv-332-ACC-EJK. (RLK) |
| Filing 1 COMPLAINT against Ford Motor Company, Hyundai Motor America Corporation with Jury Demand (Filing fee $405 receipt number AFLMDC-21774572) filed by Action Nissan, Inc. (Attachments: #1 Civil Cover Sheet, #2 Ex. A HMA Dealer Sales & Service Agreement, #3 Ex. B Letter to Ford dated January 9, 2023, #4 Ex. C Letter from Ford dated January 18, 2023, #5 Ex. D Letter from Ford dated March 2, 2023, #6 Ex. E Letter from Ford dated March 16, 2023, #7 Proposed Summons Ford Motor Company, #8 Proposed Summons Hyundai Motor America Corporation)(Bader, Nicholas) Modified text on 2/16/2024 (JK). |
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