Klein v. Volkswagen Group of America, Inc. et al
| Angela Klein |
| Volkswagen Group of America, Inc. and Ean Holdings, LLC |
| 8:2022cv00026 |
| January 4, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| James S Moody |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
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Filing 19
ENDORSED ORDER denying as moot #14 Motion to Dismiss pursuant to the parties' Stipulation #18 permitting Plaintiff to file an Amended Complaint. Plaintiff shall separately file the Amended Complaint. Signed by Judge James S. Moody, Jr on 2/4/2022. (JG)
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| Filing 18 STIPULATION to file Amended Complaint by Angela Klein. (Malki, Afram) |
| Filing 17 RESPONSE re #14 MOTION to Dismiss Complaint Count Four of Complaint and Incorporated Memorandum of Law, #16 Order to show cause by Angela Klein. (Malki, Afram) |
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Filing 16
ORDER TO SHOW CAUSE: Defendant EAN Holdings, LLC filed a Motion to Dismiss Count Four of the Complaint (Dkt. #14) on January 11, 2022. A review of the file reveals that Plaintiff has failed to timely respond to said Motion. Per Local Rule 3.01(c), the Court will deem the motion unopposed and grant the requested relief if Plaintiff fails to respond within seven (7) days of the Order. Signed by Judge James S. Moody, Jr. on 2/3/2022. (SMB)
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| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Angela Klein. (Malki, Afram) |
| Filing 14 MOTION to Dismiss Complaint Count Four of Complaint and Incorporated Memorandum of Law by Ean Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Teichner, Lee) Modified on 1/12/2022 to edit text (CRK). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 3 Notice to Counsel of Local Rule 3.03 by Volkswagen Group of America, Inc. identifying Corporate Parent Volkswagen AG for Volkswagen Group of America, Inc. (McDonald, Francis) Modified on 1/11/2022 to edit text (CRK). |
| Filing 12 ANSWER and affirmative defenses to Complaint with Jury Demand by Volkswagen Group of America, Inc.(McDonald, Francis) Modified on 1/11/2022 to edit text (CRK). |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Ean Holdings, LLC identifying Other Affiliate Enterprise Holdings, Inc. for Ean Holdings, LLC. (Teichner, Lee) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Ean Holdings, LLC. Related case(s): No (Teichner, Lee) |
| Filing 9 NOTICE of Lead Counsel Designation by Lee P. Teichner on behalf of Ean Holdings, LLC. Lead Counsel: Lee P. Teichner. (Teichner, Lee) |
| Filing 8 NOTICE of Appearance by Lee P. Teichner on behalf of Ean Holdings, LLC (Teichner, Lee) |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Volkswagen Group of America, Inc.. Related case(s): No (McDonald, Francis) |
| Filing 6 NOTICE of Lead Counsel Designation by Francis Morton McDonald, Jr. on behalf of Volkswagen Group of America, Inc. Lead Counsel: Francis M. McDonald, Jr. (McDonald, Francis) Modified on 1/6/2022 to edit text (CRK). |
| Filing 5 NOTICE to Defendant's Counsels 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). (BD) |
| Filing 4 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (KAC) |
| Filing 3 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (KAC) |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0026-JSM-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Thirteenth Judicial Circuit, case number 21-CA-9046 filed in State Court on 11/11/21. Filing fee $402, receipt number AFLMDC-19082952 filed by All Defendants. (Attachments: #1 Exhibit A - EAN Consent Letter, #2 Exhibit B - Complete State Court File, #3 Exhibit C - Civil Cover Sheet for State Court, #4 Exhibit D - Affidavit in Support of Notice of Removal, #5 Exhibit E - CrashReport_89973517 - redacted, (7) Exhibit G - VGoA Ntc of Filing Notice of Removal, #8 Exhibit H - VGoA Sunbiz Report, #9 Exhibit I - EAN Holdings, LLC Sunbiz Report, #10 Civil Cover Sheet)(McDonald, Francis) (Additional attachment(s) added on 1/5/2022: #11 State Court Complaint, #12 State Court Docket Sheet, #13 Exhibit F - Certified Driving Records - redacted) (BD). Modified on 1/5/2022 to correct docket text and attachments (BD) |
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