Braman Motors, Inc. et al v. BMW of North America, LLC
Plaintiff: Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode, Palm Beach Imports, Inc. for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit doing business as Braman Motorcars and Braman Motors, Inc. for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and doing business as Braman BMW
Defendant: BMW of North America, LLC, Bayerische Motoren Werke Aktiengesellschaft, BMW Manufacturing Co., LLC and The Collection, LLC d/b/a The Collection Audi
Case Number: 1:2017cv23360
Filed: September 6, 2017
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Darrin P Gayles
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2023 Filing 418 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 8/30/2023. All parties were present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bs00)
August 30, 2023 Opinion or Order Filing 417 PAPERLESS ORDER. Based on the parties' notice of their settlement in principle, the bench trial set for September 11, 2023 and the September 6, 2023 calendar call are canceled. This matter shall be set for a Telephonic Status Conference on 11/1/2023 at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 8/30/2023. (bs00)
August 14, 2023 Opinion or Order Filing 416 PAPERLESS ORDER granting #414 Unopposed Motion for Leave to File Withdrawal of Appearance of Alison K. Eggers and #415 Unopposed Motion for Leave to File Withdrawal of Appearance of William N. Berkowitz. The Clerk is directed to remove Attorneys Alison K. Eggers and William N. Berkowitz as counsel for Defendant and cease delivery of notifications of electronic filings to them. Signed by Judge Darrin P. Gayles on 8/14/2023. (mja)
August 14, 2023 Filing 415 Unopposed MOTION to Withdraw as Attorney by William N. Berkowitz for / by BMW of North America, LLC. Responses due by 8/28/2023 (Attachments: #1 Text of Proposed Order Proposed Order Withdrawing Appearance)(Suarez, Michael)
August 14, 2023 Filing 414 Unopposed MOTION to Withdraw as Attorney by Alison K. Eggers for / by BMW of North America, LLC. Responses due by 8/28/2023 (Attachments: #1 Text of Proposed Order Proposed Order Withdrawing Appearance)(Suarez, Michael)
August 9, 2023 Opinion or Order Filing 413 PAPERLESS ORDER. On or before September 5, 2023, the parties shall provide deposition designations to the Court. Different designations for the same witness shall be identified by using different highlight colors in a single copy of the deposition. Any objections to the designations shall be noted in the margins of the transcript. Signed by Judge Darrin P. Gayles on 8/9/2023. (mja)
August 8, 2023 Opinion or Order Filing 412 PAPERLESS ORDER granting the parties' #411 Joint Motion Requesting Telephonic Status Conference. This matter is set for a Telephonic Status Conference on 8/30/2023 at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 8/8/2023. (mja)
August 7, 2023 Filing 411 Joint MOTION For Pre-trial Telephonic Status Conference by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. (Gallaer, Charles)
June 7, 2023 Opinion or Order Filing 410 PAPERLESS ORDER granting #407 Plaintiffs' Unopposed Motion to Continue Bench Trial Date. This matter is reset for a bench trial during the Court's two-week trial period beginning September 11, 2023. The Telephonic Calendar Call before Judge Darrin P. Gayles shall take place at 9:30 A.M. on September 6, 2023. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Calendar Call begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 6/7/2023. (mja)
June 7, 2023 Filing 409 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 6/7/2023. All parties were present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (mja)
June 1, 2023 Opinion or Order Filing 408 PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for 6/7/2023 at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 6/1/2023. (mja)
June 1, 2023 Filing 407 Unopposed MOTION to Continue Bench Trial Date by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 6/15/2023 (Attachments: #1 Exhibit Proposed Order)(Gallaer, Charles)
May 18, 2023 Reset Telephonic Calendar Call set for 6/28/2023 09:30 AM before Judge Darrin P. Gayles. per DE #406 (mr1)
May 17, 2023 Opinion or Order Filing 406 ORDER: denying #391 Motion to Dismiss for Lack of Jurisdiction; Adopting #401 Report and Recommendations on #391 Motion to Dismiss/Lack of Jurisdiction filed by BMW of North America, LLC, #401 Report and Recommendations. (Bench Trial set for 7/3/2023 before Judge Darrin P. Gayles., Calendar Call set for 7/28/2023 09:30 AM before Judge Darrin P. Gayles.) Signed by Judge Darrin P. Gayles on 5/17/2023. See attached document for full details. (pc)
May 17, 2023 Filing 405 TRANSCRIPT of hearing on Defendant's motion to dismiss conducted via Zoom videoconferencing held on 4-11-2023 before Magistrate Judge Alicia M. Otazo-Reyes, 1-23 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/7/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/15/2023. (Savino, Dawn)
May 16, 2023 Opinion or Order Filing 404 PAPERLESS ORDER Cancelling Telephonic Status Conference on Wednesday, May 17, 2023, at 10:00 A.M. Signed by Judge Darrin P. Gayles on 5/16/2023. (mja)
May 12, 2023 Filing 403 OBJECTIONS to #401 Report and Recommendations on Motion to Dismiss by BMW of North America, LLC. (Suarez, Michael)
May 8, 2023 Filing 402 The Status Conference on May 10, 2023, is reset for May 17, 2023, at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 5/8/2023. (mja)
April 28, 2023 Filing 401 REPORT AND RECOMMENDATION re #391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint filed by BMW of North America, LLC. Objections to R&R due by 5/12/2023. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/28/2023. See attached document for full details. (kvz)
April 14, 2023 Filing 400 SUR REPLY to Response to Motion re #391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. (Gallaer, Charles)
April 11, 2023 Filing 399 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 4/11/2023 re #391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by BMW of North America, LLC. Total time in court: 41 minutes. Attorney Appearance(s): Daisy Sexton, Charles Andrew Gallaer, David Seymour Leibowitz, and Curtis Bradley Miner appeared on behalf of Plaintiffs. John R. Skelton and Alison Eggers appeared on behalf of defendant. Plaintiff shall file a surreply, not to exceed five pages, by Friday, April 14, 2023. (Digital Zoom AOR_01_04-11-2023 and DAR Back-Up 10:28:54 - 11:13:09) (sl)
March 28, 2023 Opinion or Order Filing 398 PAPERLESS ORDER Setting Hearing on #391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal . The Motion Hearing is hereby set for 4/11/2023 at 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes via Zoom video conference. Zoom conference instructions will be provided to counsel via e-mail. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/28/2023. (kvz)
March 28, 2023 Opinion or Order PAPERLESS ORDER. The Status Conference on March 29, 2023, is reset for May 10, 2023, at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 3/28/2023. (mja)
March 28, 2023 Magistrate Judge Alicia M. Otazo-Reyes added. Motions referred to Judge Alicia M. Otazo-Reyes as per D.E 289 Order Referring Case. (ra)
March 14, 2023 Filing 397 Defendant's REPLY to Response to Motion re #391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by BMW of North America, LLC. (Suarez, Michael)
March 13, 2023 Opinion or Order Filing 396 PAPERLESS ORDER granting #395 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Daisy M. Sexton is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Daisy M. Sexton at daisy.sexton@afslaw.com. The #390 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing is denied as moot. Signed by Judge Darrin P. Gayles on 3/13/2023. (mja)
March 13, 2023 Filing 395 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daisy Sexton. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #385 Motion to Appear Pro Hac Vice, by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 3/27/2023 (Attachments: #1 Certification, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Gallaer, Charles)
March 7, 2023 Filing 394 RESPONSE in Opposition re #391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Replies due by 3/14/2023. (Gallaer, Charles)
February 22, 2023 Opinion or Order Filing 393 PAPERLESS ORDER. The bench trial set for March 13, 2023 and Calendar Call set for March 8, 2023 at 9:30 AM are cancelled pending the parties' respective briefings on #391 Defendant's Motion to Dismiss the Remaining Claims of the Fourth Amended Complaint for Lack of Subject Matter Jurisdiction. This matter is set for a Telephonic Status Conference on Wednesday, March 29, 2023 at 10:00 AM. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 2/22/2023. (mja)
February 22, 2023 Filing 392 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 2/22/2023. All parties were present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (mja)
February 21, 2023 Filing 391 Defendant's MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal by BMW of North America, LLC. Responses due by 3/7/2023 (Suarez, Michael)
February 17, 2023 Filing 390 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daisy May Sexton. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #385 Motion to Appear Pro Hac Vice, by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 3/3/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Gallaer, Charles)
February 17, 2023 Attorney Daisy Sexton representing Braman Motors, Inc. (Plaintiff) and Palm Beach Imports, Inc. (Plaintiff) and Rhode, Terry L. (Plaintiff); Activated. (pt)
February 15, 2023 Opinion or Order Filing 389 PAPERLESS ORDER denying without prejudice #385 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The motion is not compliant with Local Rule 4(b). Specifically, local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to servicing documents in compliance with the CM/ECF Administrative Procedures. Sample motions can be found on the Court's website. Signed by Judge Darrin P. Gayles on 2/15/2023. (mja)
February 14, 2023 Opinion or Order Filing 388 PAPERLESS ORDER granting #387 Joint Motion for Pre-Trial Telephonic Conference. This matter is set for a telephonic status conference on February 22, 2023, at 10:00 a.m. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 2/14/2023. (mja)
February 13, 2023 Filing 387 Joint MOTION for Hearing (Pre-Trial Telephonic Status Conference) by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. (Gallaer, Charles)
February 8, 2023 Filing 386 PRETRIAL MEMORANDUM Treating Unusual Questions of Law Pursuant to Local Rule 16.1(j) by BMW of North America, LLC. (Suarez, Michael)
February 8, 2023 Filing 385 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daisy Sexton. Filing Fee $ 200.00 Receipt # AFLSDC-16310702 by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 2/22/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Gallaer, Charles)
February 8, 2023 Filing 384 PRETRIAL STIPULATION by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B, #4 Exhibit C)(Gallaer, Charles)
February 8, 2023 Filing 383 Proposed Findings of Fact and Proposed Conclusions of Law by BMW of North America, LLC. (Suarez, Michael)
February 8, 2023 Filing 382 Proposed Findings of Fact and Proposed Conclusions of Law by Braman Motors, Inc.. (Gallaer, Charles)
February 1, 2023 Opinion or Order Filing 381 ORDER: granting in part and denying in part #366 Motion in Limine; Adopting #378 Report and Recommendations on #366 Motion in Limine, filed by BMW of North America, LLC, #378 Report and Recommendations. Signed by Judge Darrin P. Gayles on 2/1/2023. See attached document for full details. (pc)
December 16, 2022 Filing 380 RESPONSE TO OBJECTION to #378 Report and Recommendations by BMW of North America, LLC. (Attachments: #1 Certification Declaration of John R. Skelton ISO BMW NA's Response to Objection to Report and Recommendation, #2 Exhibit Exhibit A to John Skelton's Declaration)(Suarez, Michael)
December 2, 2022 Filing 379 OBJECTIONS to #378 Report and Recommendations by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc.. (Gallaer, Charles)
November 18, 2022 Filing 378 REPORT AND RECOMMENDATION re #366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law filed by BMW of North America, LLC. Objections to R&R due by 12/2/2022. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 11/18/2022. See attached document for full details. (kvz)
November 1, 2022 Filing 377 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 11/1/2022 re #366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law filed by BMW of North America, LLC. Report and Recommendations to follow.Total time in court: 29 minutes. Attorney Appearance(s): Michael F Suarez, David Seymour Leibowitz, Brian Jay Shack and Curtis Bradley Miner -Counsel for the Plaintiff; John R. Skelton and Alison Eggers -Counsel for the Defendant. (Digital zoom A.O.R. 11/1/2022 10:33am) (kan)
October 26, 2022 Filing 376 Witness List by BMW of North America, LLC.. (Suarez, Michael)
October 26, 2022 Filing 375 Witness List by Braman Motors, Inc., Palm Beach Imports, Inc... (Gallaer, Charles)
October 24, 2022 Opinion or Order Filing 374 PAPERLESS ORDER Setting Hearing on #366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law. The Motion Hearing is set for 11/1/2022 at 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The hearing will be conducted by Zoom Conference. Conference instructions will be provided to counsel via e-mail. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/24/2022. (kvz)
October 21, 2022 Filing 373 REPLY to Response to Motion re #366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law filed by BMW of North America, LLC. Attorney Michael F Suarez added to party BMW of North America, LLC(pty:cc). (Suarez, Michael)
October 6, 2022 Filing 372 Clerk's Notice to Filer re 371 Sealed Document. Document Not Captioned.. In the Future the Filer must File a Notice of Filing with the attached Exhibit with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (kpe)
October 5, 2022 Filing 370 RESPONSE in Opposition re #366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Replies due by 10/12/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gallaer, Charles)
October 5, 2022 SYSTEM ENTRY - Docket Entry 371 [misc] restricted/sealed until further notice. (1635254)
September 29, 2022 Opinion or Order Filing 369 PAPERLESS ORDER administratively closing case pending the bench trial scheduled to commence March 13, 2023. The parties shall continue to adhere to the schedule set forth in the Court's 362 Amended Scheduling Order. Signed by Judge Darrin P. Gayles on 9/29/2022. (mja)
September 16, 2022 Opinion or Order Filing 368 PAPERLESS ORDER granting #367 Motion for Extension of Time to File Response/Reply to Motion. Braman's Response to #366 Motion in Limine is due by 10/5/2022. BMW NA's Reply is due by 10/21/2022. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/16/2022. (kvz)
September 16, 2022 Filing 367 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law by Braman Motors, Inc.. (Gallaer, Charles)
September 7, 2022 Filing 366 MOTION in Limine to Exclude Any Evidence of Nominal Damages and the Testimony of Edward Stockton and Incorporated Memorandum of Law by BMW of North America, LLC. (Attachments: #1 Affidavit Declaration of John Skelton in Support of Motion in Limine, #2 Exhibit A to Declaration of John Skelton, #3 Exhibit B to Declaration of John Skelton, #4 Exhibit C to Declaration of John Skelton, #5 Exhibit D to Declaration of John Skelton, #6 Exhibit E to Declaration of John Skelton, #7 Exhibit F to Declaration of John Skelton, #8 Exhibit G to Declaration of John Skelton, #9 Exhibit H to Declaration of John Skelton)(Suarez, Michael)
May 3, 2022 Opinion or Order Filing 365 PAPERLESS ORDER granting #363 Motion to Amend/Correct 289 Order Referring Case to Magistrate Judge, Order Referring Modify ; denying without prejudice #294 MOTION to Strike The Expert Report Of Bradley W. Smith And To Preclude His Testimony At Trial; denying without prejudice 296 SEALED MOTION To Strike Portions Of The Expert Reports Of Christopher Barry And Sharif Farhat And To Preclude Related Testimony At Trial (See the Court's Paperless Order Granting Seal (DE 226)). Given that this matter is now set for a bench trial [ECF No. 362], the Court will consider the issues raised in these Daubert motions at trial. Signed by Judge Darrin P. Gayles on 5/3/2022. (ed00)
May 2, 2022 Filing 364 Clerks Notice to Filer re #363 MOTION to Modify Order Referring Case to Magistrate Judge for Ruling on Pre-Trial Matters re 289 Order Referring Case to Magistrate Judge, Order Referring Motion . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
May 2, 2022 Filing 363 Motion to Amend/Correct 289 Order Referring Case to Magistrate Judge, Order Referring Modify by BMW of North America, LLC. (Suarez, Michael) Modified Relief on 5/2/2022 (ls).
April 28, 2022 Opinion or Order Filing 362 PAPERLESS ORDER granting the parties' #361 Joint Motion for Withdrawal of Jury Demand and for Entry of Stipulated Order for Non-Jury Trial and Modifying Scheduling Order. The Court finds good cause to amend the #224 Fifth Amended Scheduling Order. This matter is reset for a bench trial during the Court's two-week trial period beginning March 13, 2023. The Telephonic Calendar Call before Judge Darrin P. Gayles shall take place at 9:30 A.M. on March 8, 2023. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Calendar Call begins and wait until your case is called.Additionally, the parties shall adhere to the following amended schedule:1. The parties shall exchange written lists containing the names and addresses of all witnesses intended to be called at trial on or before October 26, 2022.2. All pretrial motions and memoranda of law, including motions in limine and Daubert, shall be filed on or before December 7, 2022.3. Joint pretrial stipulation and proposed findings of fact and conclusions of law shall be filed on or before February 8, 2023. Signed by Judge Darrin P. Gayles on 4/28/2022. (jsi)
April 22, 2022 Filing 361 Joint MOTION for Withdrawal of Jury Demand and for Entry of Stipulated Order for Non-Jury Trial and Modifying Scheduling Order re 337 Order on Motion for Extension of Time,,,,, by BMW of North America, LLC. (Suarez, Michael)
April 18, 2022 Opinion or Order Filing 360 PAPERLESS ORDER overruling #342 Plaintiffs' Appeal Pursuant to Local Rule 4(a)(1). The Court does not find that Judge Alicia M. Otazo-Reyes's #341 January 27, 2022 Order is either clearly erroneous or contrary to law. See 28 U.S.C. 636(b)(1)(A); Fed. R. Civ. P. 72(a). Signed by Judge Darrin P. Gayles on 4/18/2022. (jsi)
March 28, 2022 Filing 359 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Telephonic Status Conference held on 3/28/2022. Total time in court: 19 minutes. Attorney Appearance(s): Michael P. McMahan, Russell P. McRory, Curtis Bradley Miner, and Taniel Anderson appeared on behalf of Plaintiff. Brandon L. Bigelow appeared on behalf of Defendants. Order entered D.E. 358. (Digital ATT Recording AOR_02_3/28/2022 - DAR Back-Up 14:28:16 - 14:48:32) (sl)
March 28, 2022 Opinion or Order Filing 358 PAPERLESS ORDER Setting Daubert Hearing on Motion 296 SEALED MOTION to Strike, and #294 MOTION to Strike. The Daubert Hearing is set for 6/21/2022 at 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Each party shall file a witness and exhibit list prior to the Daubert Hearing, which will be conducted via Zoom video conference. Instructions for the Zoom video conference will be provided to counsel, who shall disseminate those instructions to the challenged expert(s), who shall also appear at the Daubert Hearing via Zoom video conference. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/28/2022. (kvz)
March 28, 2022 Opinion or Order Filing 357 AMENDED ORDER: It is ORDERED AND ADJUDGED as follows: Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation, [ECF No. 344], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. Motion to Dismiss Plaintiffs' Fourth Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) for Lack of Personal Jurisdiction and 12(b)(6) for Failure to State a Claim, [ECF No. 275], is GRANTED. Plaintiffs' Fourth Amended Complaint, [ECF No. 222], is DISMISSED with prejudice as to Defendant Bayerische Motoren Werke Aktiengesellschaft only. Signed by Judge Darrin P. Gayles on 3/28/2022. See attached document for full details. (scn)
March 28, 2022 Opinion or Order Filing 356 ORDER ADOPTING #343 REPORT AND RECOMMENDATION. Motion for Summary Judgment at DE#232 is granted in part and denied in part. Motion for Summary Judgment at DE#235 is granted. Signed by Judge Darrin P. Gayles on 3/28/2022. See attached document for full details. (scn)
March 28, 2022 Deadline(s)/Hearing(s) terminated - hearing set for 3/28/22 at 2:30 P.M. Hearing held on 3/28/22 at 2:30 P.M. before Magistrate Judge Otazo-Reyes. (sl)
March 18, 2022 Opinion or Order Filing 355 PAPERLESS ORDER denying #354 Defendant BMW of North America, LLC's Motion for Leave to File Reply in Support of Its Objection to Report and Recommendation on Cross Motions for Summary Judgment. Signed by Judge Darrin P. Gayles on 3/18/2022. (jsi)
March 17, 2022 Filing 354 Defendant's Motion for Leave to File Reply in Support of Objection to Report and Recommendation on Cross Motions for Summary Judgment to #350 Response to Objection to Report and Recommendations by BMW of North America, LLC. (Suarez, Michael)
March 17, 2022 Filing 353 NOTICE OF WITHDRAWAL OF MOTION by Braman Motors, Inc., Palm Beach Imports, Inc. re #299 Renewed MOTION for Sanctions filed by Braman Motors, Inc., Palm Beach Imports, Inc. (Gallaer, Charles)
March 17, 2022 Opinion or Order Filing 351 PAPERLESS ORDER granting Plaintiffs' #349 Unopposed Motion to File Plaintiffs' Response to Defendant BMW of North America, LLC's Opposition to the Report and Recommendation on Cross-Motion for Summary Judgment [ECF 343]. Plaintiffs shall be permitted to file their #350 Response to BMW of North America, LLC's Objection to the Report and Recommendation on Cross-Motion for Summary Judgment [ECF 343] under seal. Signed by Judge Darrin P. Gayles on 3/17/2022. (jsi)
March 17, 2022 SYSTEM ENTRY - Docket Entry 352 [misc] restricted/sealed until further notice. (1635254)
March 11, 2022 Filing 350 RESPONSE TO OBJECTION to #343 Report and Recommendations by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
March 11, 2022 Filing 349 Unopposed MOTION to Seal Response to Defendant 's Objection to Report and Recommendation on Cross-Motion for Summary Judgment [ECF 343] per Local Rule 5.4 by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
March 9, 2022 Opinion or Order Filing 348 ORDER affirming and adopting Magistrate Judge Alicia M. Otazo-Reyes's #344 Report and Recommendations regarding #275 Defendant Bayerische Motoren Werke Aktiengesellschaft's ("BMW AG") Motion to Dismiss Plaintiffs' Fourth Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) for Lack of Personal Jurisdiction and 12(b)(6) for Failure to State a Claim (the "Motion to Dismiss"). BMW AG's Motion to Dismiss is GRANTED. Plaintiffs' #222 Fourth Amended Complaint is DISMISSED with prejudice as to BMW AG only. Signed by Judge Darrin P. Gayles on 3/9/2022. See attached document for full details. (jsi)
February 25, 2022 Filing 347 OBJECTIONS to #343 Report and Recommendations by BMW of North America, LLC. (Suarez, Michael)
February 23, 2022 Filing 346 Defendant's RESPONSE to #342 Plaintiff's APPEAL of Magistrate Judge #341 Order on Motion for Leave to File to District Court PURSUANT TO LOCAL RULE 4(a)(1) by BMW of North America, LLC. (Suarez, Michael)
February 22, 2022 Opinion or Order Filing 345 PAPERLESS ORDER Setting Telephonic Status Conference re #294 MOTION to Strike, 296 SEALED MOTION To Strike, #299 Renewed MOTION for Sanctions, and 302 SEALED RENEWED MOTION for Sanctions. The Telephonic Status Conference is set for 3/28/2022 at 2:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The dial-in instructions are as follows: The parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0328. Please dial in at least ten minutes before the hearing begins and wait until your case is called. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/22/2022. (kvz)
February 16, 2022 Filing 344 REPORT AND RECOMMENDATION re #275 MOTION TO DISMISS. Objections to R&R due by 3/2/2022. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/16/2022. See attached document for full details. (kvz)
February 11, 2022 Filing 343 REPORT AND RECOMMENDATION re #232 Defendant's MOTION for Summary Judgment filed by BMW of North America, LLC; #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim filed by Braman Motors, Inc., Palm Beach Imports, Inc. Objections to R&R due by 2/25/2022. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/11/2022. See attached document for full details. (kvz)
February 9, 2022 Filing 342 Plaintiff's APPEAL of Magistrate Judge #341 Order on Motion for Leave to File to District Court PURSUANT TO LOCAL RULE 4(a)(1) (Gallaer, Charles)
January 27, 2022 Opinion or Order Filing 341 ORDER denying #330 Motion for Leave to File. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/27/2022. See attached document for full details. (kvz)
January 26, 2022 Filing 340 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 1/26/2022 re #330 Plaintiff's MOTION for Leave to File Supplement To The Summary Judgment Record filed by Braman Motors, Inc., Palm Beach Imports, Inc. Total time in court: 44 minutes. Attorney Appearance(s): Michael P. McMahan, David Seymour Leibowitz, Russell P. McRory, Brian Jay Shack and Curtis Bradley Miner appeared on behalf of Plaintiffs. Brandon L. Bigelow and Alison Eggers appeared on behalf of Defendant BMW of North America, LLC. Nathaniel P. Bruhn appeared on behalf of Defendant BMW Manufacturing Co., LLC. Matter taken under advisement. (Zoom Recording AOR_02_01-26-2022 and DAR Back-up 11:30:16 - 12:13:06) (sl)
January 24, 2022 Opinion or Order Filing 339 PAPERLESS ORDER REFERRING MOTION to Magistrate Judge Alicia M. Otazo-Reyes for a ruling on #330 Plaintiffs' Motion for Leave to Supplement the Summary Judgment Record. Signed by Judge Darrin P. Gayles on 1/24/2022. (jsi)
January 24, 2022 Opinion or Order Filing 338 PAPERLESS ORDER Setting Hearing on #330 Plaintiffs' MOTION for Leave to File Supplement To The Summary Judgment Record for 1/26/2022 at 11:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The hearing will be conducted by Zoom Conference. Conference instructions will be provided to counsel via e-mail. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/24/2022. (kvz)
January 12, 2022 Opinion or Order Filing 337 PAPERLESS ORDER granting the parties' #332 Joint Motion to Modify Scheduling Order. The Court finds good cause to amend the #224 Fifth Amended Scheduling Order, as amended. The parties shall adhere to the following amended deadlines:1. Written lists containing the names and addresses of all witnesses intended to be called at trial on or before October 26, 2022.2. All pretrial motions and memoranda of law, including motions in limine and Daubert, shall be filed on or before December 7, 2022.3. Joint pretrial stipulation, proposed joint jury instructions, proposed joint verdict form, and/or proposed findings of fact and conclusions of law shall be filed on or before February 8, 2023.4. The Telephonic Calendar Call before Judge Darrin P. Gayles shall take place at 9:30 A.M. on March 8, 2023. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Calendar Call begins and wait until your case is called.5. The trial in this matter is reset for the Court's two-week trial calendar beginning on March 13, 2023. Signed by Judge Darrin P. Gayles on 1/12/2022. (jsi)
January 12, 2022 Opinion or Order Filing 336 PAPERLESS ORDER granting #277 Defendant Bayerische Motoren Werke Aktiengesellschaft's Motion for Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery for the reasons set forth on the record during the Telephonic Status Conference on December 15, 2021. Signed by Judge Darrin P. Gayles on 1/12/2022. (jsi)
January 10, 2022 Filing 335 REPLY to Response to Motion re #330 Plaintiff's MOTION for Leave to File Supplement To The Summary Judgment Record filed by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc.. (Attachments: #1 Affidavit Declaration of Alex J. Shack)(Gallaer, Charles)
January 3, 2022 Filing 334 Defendant's RESPONSE to #330 Plaintiff's MOTION for Leave to File Supplement To The Summary Judgment Record by BMW of North America, LLC. (Suarez, Michael)
January 3, 2022 Filing 333 TRANSCRIPT of hearing on motions for summary judgment held on 9-27-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-128 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2022. Redacted Transcript Deadline set for 2/3/2022. Release of Transcript Restriction set for 4/4/2022. (Savino, Dawn)
December 27, 2021 Filing 332 Joint MOTION to Modify Scheduling Order re #224 Order on Motion for Extension of Time to Amend, To Modify Scheduling Order by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 1/10/2022 (Attachments: #1 Exhibit A - Proposed Order)(Gallaer, Charles) M
December 23, 2021 Filing 331 Notice of Supplemental Authority re #277 MOTION For Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery re #276 Notice re Hearing by Attorney by Bayerische Motoren Werke Aktiengesellschaft (Attachments: #1 Exhibit A) (Brochin, Robert)
December 20, 2021 Filing 330 Plaintiff's MOTION for Leave to File Supplement To The Summary Judgment Record by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit A - Braman Miami AVP Letter, #2 Exhibit B - Braman WPB AVP Letter, #3 Exhibit C - Braman Miami SE Trend, #4 Exhibit D - Braman AVP Payout Spreadsheet)(Gallaer, Charles)
December 20, 2021 Filing 329 TRANSCRIPT of Telephonic Status Conference held on 12/15/21 before Judge Darrin P. Gayles, 1-10 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/21/2022. (pdz)
December 15, 2021 Opinion or Order Filing 328 PAPERLESS ORDER. As stated on the record during the Telephonic Status Conference on December 15, 2021, the parties shall submit a proposed amended scheduling order on or before December 27, 2021. Signed by Judge Darrin P. Gayles on 12/15/2021. Form attached hereto (jsi) Modified on 12/15/2021 (dj).
December 15, 2021 Filing 327 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on December 15, 2021. Attorney Appearances: Daniel S. Savrin, Alison Eggers, and Michael P. McMahan. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
December 14, 2021 Opinion or Order Filing 326 PAPERLESS ORDER regarding the Telephonic Status Conference before Judge Darrin P. Gayles at 10:00 A.M. on December 15, 2021. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 12/14/2021. (jsi)
November 6, 2021 SYSTEM ENTRY - Docket Entry 325 [misc] restricted/sealed until further notice. (1346728)
November 2, 2021 Filing 324 REPLY to Response to Motion re #299 Renewed MOTION for Sanctions filed by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
October 23, 2021 Opinion or Order Filing 323 PAPERLESS ORDER granting #321 Defendant BMW of North America, LLC's Unopposed Motion to File Materials in Opposition to Plaintiffs' Renewed Motion for Sanctions Under Seal. Defendant BMW of North America, LLC shall be permitted to file under seal supporting exhibits to its #322 Opposition to Plaintiffs' Renewed Motion for Sanctions that are designated as Confidential or Highly Confidential. Upon conclusion of this matter, all such materials shall either be returned to the parties or destroyed. Signed by Judge Darrin P. Gayles (jsi)
October 19, 2021 Filing 322 RESPONSE in Opposition re #299 Renewed MOTION for Sanctions filed by BMW of North America, LLC. Replies due by 10/26/2021. (Attachments: #1 Affidavit Supplemental Declaration of Alison K. Eggers, #2 Exhibit C to Supplemental Declaration of Alison K. Eggers, #3 Exhibit D to Supplemental Declaration of Alison K. Eggers, #4 Exhibit E to Supplemental Declaration of Alison K. Eggers, #5 Exhibit F to Supplemental Declaration of Alison K. Eggers)(Suarez, Michael)
October 19, 2021 Filing 321 Unopposed MOTION to Seal Materials in Opposition to Plaintiffs' Renewed Motion for Sanctions per Local Rule 5.4 by BMW of North America, LLC. (Suarez, Michael)
October 18, 2021 Filing 319 REPLY to Response to Motion re #294 MOTION to Strike The Expert Report Of Bradley W. Smith And To Preclude His Testimony At Trial filed by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
October 18, 2021 SYSTEM ENTRY - Docket Entry 320 [misc] restricted/sealed until further notice. (1635254)
October 1, 2021 Opinion or Order Filing 318 PAPERLESS ORDER granting #317 Unopposed MOTION to Seal. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/1/2021. (kvz)
September 30, 2021 Filing 317 Unopposed MOTION to Seal Materials in Opposition to Plaintiffs Motions to Strike per Local Rule 5.4 by BMW of North America, LLC. (Suarez, Michael)
September 30, 2021 Filing 316 RESPONSE in Opposition re #294 MOTION to Strike The Expert Report Of Bradley W. Smith And To Preclude His Testimony At Trial re 296 Motion to Exclude Testimony of Christopher Barry and Sharif Farhat filed by BMW of North America, LLC. Replies due by 10/7/2021. (Suarez, Michael)
September 30, 2021 Filing 315 RESPONSE in Opposition re #294 MOTION to Strike The Expert Report Of Bradley W. Smith And To Preclude His Testimony At Trial filed by BMW of North America, LLC. Replies due by 10/7/2021. (Attachments: #1 Exhibit 1)(Suarez, Michael)
September 30, 2021 Filing 314 NOTICE by BMW of North America, LLC of Filing Demonstratives Used at Hearing in Support of BMW NA's Motion for Summary Judgment and Against Plaintiff's Motion for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B) (Suarez, Michael)
September 30, 2021 Filing 313 NOTICE by Bayerische Motoren Werke Aktiengesellschaft of Filing Demonstrative Used at Hearing on Motion to Dismiss Plaintiffs' Fourth Amended Complaint (Attachments: #1 Exhibit A) (Brochin, Robert)
September 27, 2021 Filing 312 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Zoom Motion Hearing held on 9/27/2021 re #232 Defendant's MOTION for Summary Judgment filed by BMW of North America, LLC, #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim filed by Braman Motors, Inc., Palm Beach Imports, Inc., #275 MOTION TO DISMISS #222 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by Bayerische Motoren Werke Aktiengesellschaft. Total time in court: 3 hour(s) : 50 minutes. Attorney Appearance(s): Daniel S. Savrin, Nathaniel P. Bruhn, William N. Berkowitz, Alison Eggers, John R. Skelton, Clay Matthew Carlton, David Seymour Leibowitz, Russell P. McRory, Brian Jay Shack, Curtis Bradley Miner, Michael Suraez, Kevin Heally, Morgan Lewis, Howard Harris, Daisy Sexton, and Nathan Hale (Digital AOR_01_09-27-2021/Zoom) (fbn)
September 27, 2021 Filing 311 NOTICE of Attorney Appearance by Clay Matthew Carlton on behalf of Bayerische Motoren Werke Aktiengesellschaft. Attorney Clay Matthew Carlton added to party Bayerische Motoren Werke Aktiengesellschaft(pty:dft). (Carlton, Clay)
September 24, 2021 Filing 310 REPLY to Response to Motion re #277 MOTION For Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery re #276 Notice re Hearing by Attorney filed by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
September 24, 2021 Filing 309 Clerks Notice to Filer re 308 SEALED MOTION . Wrong Event Selected; ERROR - The Filer selected the wrong event. The document is not a motion, the document was corrected by the Clerk. It is not necessary to refile this document. (nc)
September 23, 2021 Opinion or Order Filing 307 PAPERLESS ORDER granting #306 Unopposed MOTION for Protective Order. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/23/2021. (kvz)
September 23, 2021 SYSTEM ENTRY - Docket Entry 308 [motion] restricted/sealed until further notice. (1635254)
September 22, 2021 Filing 306 Unopposed MOTION for Protective Order To File Supplemental Exhibits Under Seal by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc.. (Gallaer, Charles)
September 22, 2021 Filing 305 NOTICE by Braman Motors, Inc., Palm Beach Imports, Inc. re #279 Response in Opposition to Motion,,,, Notice of Filing Additional Exhibits (Attachments: #1 Exhibit 1-Pending Motion To Seal, #2 Exhibit 2-Pending Motion To Seal, #3 Exhibit 3-Pending Motion To Seal, #4 Exhibit 4-Pending Motion To Seal, #5 Exhibit 5-Pending Motion To Seal, #6 Exhibit 6-Pending Motion To Seal, #7 Exhibit 7-Pending Motion To Seal, #8 Exhibit 8-Pending Motion To Seal, #9 Exhibit 9-Pending Motion To Seal, #10 Exhibit 10-Pending Motion To Seal, #11 Exhibit 11-Pending Motion To Seal, #12 Exhibit 12-Pending Motion To Seal, #13 Exhibit 13-Pending Motion To Seal, #14 Exhibit 14-Pending Motion To Seal, #15 Exhibit 15-Pending Motion To Seal, #16 Exhibit 16-Pending Motion To Seal, #17 Exhibit 17--Pending Motion To Seal) (Gallaer, Charles)
September 22, 2021 Opinion or Order Filing 304 PAPERLESS ORDER granting #303 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #299 Renewed MOTION. BMW NA's response to the Renewed MOTION is due by October 19, 2021; Plaintiffs' reply to any response is due by November 2, 2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/22/2021. (kvz)
September 22, 2021 Reset Deadlines as to #299 Renewed MOTION for Sanctions . Responses due by 10/19/2021 Replies due by 11/2/2021. (ls)(per DE #304)
September 21, 2021 Filing 303 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #299 Renewed MOTION for Sanctions by BMW of North America, LLC. (Suarez, Michael)
September 15, 2021 Opinion or Order Filing 301 PAPERLESS ORDER granting #300 Unopposed MOTION. Plaintiffs may file under seal unredacted copies of their Renewed Motion for Sanctions and Exhibits in support thereof. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/15/2021. (kv)
September 15, 2021 SYSTEM ENTRY - Docket Entry 302 [motion] restricted/sealed until further notice. (1635254)
September 14, 2021 Filing 300 Unopposed MOTION for Protective Order by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
September 14, 2021 Filing 299 Renewed MOTION for Sanctions by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit 1-Search Terms, #2 Exhibit 2-BMWNA Custodians, #3 Exhibit 3-BMWNA's Amended Rule 26 Initial Disclosures, #4 Exhibit 4-Pltfs' First RFP from BWM, #5 Exhibit 5-BMW's Third Amended Responses to Pltfs' RFP, #6 Exhibit 6-Braman's 4th RFP, #7 Exhibit 7-BMWNA - Resp. to Braman 4th RFP, #8 Exhibit 8-SEC Order, #9 Exhibit 9-Braman Interrogatories to BMWNA, #10 Exhibit 10- BMWNA Resps and Objs to Braman Interrogatories, #11 Exhibit 11-2020.12.11 Hrg Tr re Mot for Sanctions, #12 Exhibit 12-Pending Motion To Seal, #13 Exhibit 13-Pending Motion To Seal, #14 Exhibit 14-Pending Motion To Seal, #15 Exhibit 15-Pending Motion To Seal, #16 Exhibit 16-Pending Motion To Seal, #17 Exhibit 17-Pending Motion To Seal, #18 Exhibit 18-Pending Motion To Seal, #19 Exhibit 19-Pending Motion To Seal, #20 Exhibit 20-Pending Motion To Seal, #21 Exhibit 21-REDACTED 2021.07.29 Letter to Skelton, #22 Exhibit 22-2021.08.18 BMWNA discovery letter to Braman, #23 Exhibit 23-2021.08.27 Follow-up Letter to B. Bigelow, #24 Exhibit 24 - 2021.09.08 Bigelow Ltr to McRory, #25 Affidavit Declaration of Michael P. McMahan)(Gallaer, Charles)
September 7, 2021 Opinion or Order Filing 298 PAPERLESS ORDER granting #297 Joint MOTION for Extension of Time. Responses due by 9/30/2021 and Replies due by 10/18/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/7/2021. (apa)
September 3, 2021 Filing 297 Joint MOTION for Extension of Time of Briefing Deadlines re #294 MOTION to Strike The Expert Report Of Bradley W. Smith And To Preclude His Testimony At Trial by BMW of North America, LLC. Responses due by 9/17/2021 (Suarez, Michael)
August 30, 2021 Filing 295 CLERK'S NOTICE re Zoom Hearing on #232 Defendant's MOTION for Summary Judgment; #235 MOTION for Summary Judgment set for 9/27/2021 at 01:00 PM. The Court will also address #275 MOTION TO DISMISS at the Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/30/2021. (apa)
August 30, 2021 Filing 294 MOTION to Strike The Expert Report Of Bradley W. Smith And To Preclude His Testimony At Trial by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 9/13/2021 (Attachments: #1 Exhibit A-Smith Report, #2 Exhibit B-Smith Dep Excerpts)(Gallaer, Charles)
August 30, 2021 SYSTEM ENTRY - Docket Entry 296 [motion] restricted/sealed until further notice. (1635254)
August 27, 2021 Filing 293 REPLY to Response to Motion re #277 MOTION For Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery re #276 Notice re Hearing by Attorney And Opposition to Plaintiff's' Cross Motion to Reopen Discovery filed by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Exhibit A)(Brochin, Robert)
August 27, 2021 Filing 292 REPLY to Response to Motion re #275 MOTION TO DISMISS #222 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by Bayerische Motoren Werke Aktiengesellschaft. (Brochin, Robert)
August 10, 2021 SYSTEM ENTRY - Docket Entry 291 [motion] restricted/sealed until further notice. (1635254)
August 5, 2021 Opinion or Order Filing 290 PAPERLESS ORDER Setting Hearing on #232 Defendant's MOTION for Summary Judgment; #235 MOTION for Summary Judgment for 9/27/2021 at 01:00 PM before Magistrate Judge Alicia M. Otazo-Reyes. The Hearing will be conducted via Zoom video conference. Instructions for the video conference will be emailed to counsel prior to the Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/5/2021. (apa)
August 5, 2021 Opinion or Order Filing 289 PAPERLESS ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. Signed by Judge Darrin P. Gayles (jsi)
August 5, 2021 Opinion or Order Filing 288 PAPERLESS ORDER granting Plaintiffs #280 Unopposed Motion to File Under Seal Exhibits to Plaintiffs' Opposition to Bayerische Motoren Werke Aktiengesellschaft's Motion to Dismiss. Plaintiffs may file under seal unredacted copies of their #279 Opposition to Defendant Bayerische Motoren Werke Aktiengesellschaft's Motion to Dismiss, and Exhibits 4 through 10 and 16 to the Declaration of Charles Gallaer, Esq. Signed by Judge Darrin P. Gayles (jsi)
August 4, 2021 Opinion or Order Filing 287 PAPERLESS ORDER granting #286 Joint Motion for Extension of Briefing Schedule. The parties shall adhere to the following briefing schedule:1. Defendant Bayerische Motoren Werke Aktiengesellschaft may file its Reply in Support of its #275 Motion to Dismiss on or before August 27, 2021.2. Defendant Bayerische Motoren Werke Aktiengesellschaft may file its Combined Reply in Support of its #277 Motion for Confirmation and Opposition to Plaintiffs' #284 Cross Motion to Reopen Discovery on or before August 27, 2021.3. Plaintiffs may file their Reply in Support of their #284 Cross Motion to Reopen Discovery on or before September 24, 2021. Signed by Judge Darrin P. Gayles (jsi)
August 2, 2021 Filing 286 Joint MOTION for Extension of Time of Briefing Schedule by Bayerische Motoren Werke Aktiengesellschaft. Responses due by 8/16/2021 (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
July 30, 2021 Filing 285 TRANSCRIPT of telephonic hearing held on 7-22-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-6 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (Savino, Dawn)
July 27, 2021 Filing 284 RESPONSE in Opposition re #277 MOTION For Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery re #276 Notice re Hearing by Attorney filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Replies due by 8/3/2021. (Gallaer, Charles)
July 22, 2021 Opinion or Order Filing 283 ORDER re #276 NOTICE of Hearing; #278 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/22/2021. See attached document for full details. (apa)
July 22, 2021 Filing 282 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Telephonic Discovery Hearing held on 7/22/2021. Order to follow. Attorney Appearance(s): Robert Mark Brochin, Daniel S. Savrin, Nathaniel P. Bruhn, Alison Eggers, Charles Andrew Gallaer, Michael P. McMahan, Russell P. McRory, Brian Jay Shack, Curtis Bradley Miner, Hans Herman Aldenhof. (Digital AOR_02_7-22-2021) Total time in court: 5 minutes. (dgj)
July 21, 2021 Filing 281 CLERK'S NOTICE re #276 NOTICE of Hearing; #278 NOTICE of Hearing. The Discovery Hearing will be conducted telephonically. Ten minutes before the Discovery Hearing is scheduled to commence, the parties shall call the conference number 1-888-684-8852, enter access code 4791317 and security code 0722, and then wait for the case to be called. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/21/2021. (apa)
July 19, 2021 Filing 280 Unopposed MOTION for Protective Order To File Exhibits Under Seal by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
July 19, 2021 Filing 279 RESPONSE in Opposition re #275 MOTION TO DISMISS #222 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Replies due by 7/26/2021. (Attachments: #1 Affidavit Charles Gallaer Declaration re Opp to AG MTD, #2 Exhibit 1 - BMW NA - Resp. to Braman 4th RFP, #3 Exhibit 2 - SEC Order (ECF No. 177-1), #4 Exhibit 3 - Sanctions Order, #5 Exhibit 4- Pending Motion To Seal, #6 Exhibit 5 - Pending Motion To Seal, #7 Exhibit 6 - Pending Motion To Seal, #8 Exhibit 7 - Pending Motion To Seal, #9 Exhibit 8 - Pending Motion To Seal, #10 Exhibit 9 - Pending Motion To Seal, #11 Exhibit 10 - Pending Motion To Seal, #12 Exhibit 11 - 2018 05 01 Plaintiffs_ Amended Initial Disclosures, #13 Exhibit 12 - 1st RFP to BMW AG, #14 Exhibit 13 - Plaintiffs Second RFP on BMWAG 2021.06.03, #15 Exhibit 14 - 2019.11.26 Kelleher, Jessica Dep Excerpts, #16 Exhibit 15 - 2019.11.13 Willisch, Ludwig Dep Excerpts, #17 Exhibit 16 - Pending Motion To Seal)(Gallaer, Charles)
July 16, 2021 Filing 278 NOTICE of Hearing by ATTORNEY: re #277 MOTION For Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery re #276 Notice re Hearing by Attorney Discovery Hearing set for 7/22/2021 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Brochin, Robert) Modified text to reflect correct Judge for hearing per chambers on 7/16/2021 (mf).
July 13, 2021 Filing 277 MOTION For Confirmation that the Court's February 2021 Ruling Did Not Grant Jurisdictional Discovery re #276 Notice re Hearing by Attorney by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brochin, Robert)
June 25, 2021 Filing 276 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/22/2021 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Gallaer, Charles)
June 11, 2021 Filing 275 MOTION TO DISMISS #222 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #222 Amended Complaint/Amended Notice of Removal ( Responses due by 6/25/2021) by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Exhibit A - Chart, #2 Affidavit Declaration of R. Lowa, #3 Affidavit Declaration of N. Bruhn)(Brochin, Robert)
May 28, 2021 Opinion or Order Filing 274 ORDER granting the parties' #273 Joint Motion for Extension of Briefing Schedule and Enlargement of Page Limits. Signed by Judge Darrin P. Gayles See attached document for full details. (jsi)
May 27, 2021 Filing 273 Joint MOTION for Extension of Time Extension of Briefing Schedule ( Responses due by 6/10/2021), Joint MOTION for Leave to File Excess Pages (Joint Motion for Extension of Briefing Schedule and Enlargement of Page Limits) by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
May 13, 2021 SYSTEM ENTRY - Docket Entry 272 [misc] restricted/sealed until further notice. (1346728)
May 13, 2021 SYSTEM ENTRY - Docket Entry 271 [misc] restricted/sealed until further notice. (1346728)
May 12, 2021 Opinion or Order Filing 270 PAPERLESS ORDER granting #267 Defendant BMW of North America, LLC's Unopposed Motion to File Summary Judgment Materials under Seal. Defendant may file under seal certain portions of its portions of its Reply Memorandum in Support of Motion for Summary Judgment and portions of its Response to Plaintiffs Counterstatement of Material Facts. Signed by Judge Darrin P. Gayles (jsi)
May 5, 2021 Filing 269 Statement of: MATERIAL FACTS by Braman Motors, Inc., Palm Beach Imports, Inc. re #268 Reply to Response to Motion, #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim, #236 Statement, (Gallaer, Charles)
May 5, 2021 Filing 268 REPLY to Response to Motion re #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim filed by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Affidavit, #2 Exhibit 1 Stockton rebuttal report p. 59, #3 Exhibit 2 2015.12.03_BRAMAN0037395)(Gallaer, Charles)
May 5, 2021 Filing 267 Unopposed MOTION to Seal Certain Portions of Reply Memorandum in Support of Motion for Summary Judgment and Response to Plaintiff's Counterstatement of Material Facts per Local Rule 5.4 by BMW of North America, LLC. (Suarez, Michael)
May 5, 2021 Filing 266 Statement of: Response to Plaintiff's Counterstatement of Material Facts by BMW of North America, LLC re #250 Statement (Suarez, Michael)
May 5, 2021 Filing 265 REPLY to Response to Motion re #232 Defendant's MOTION for Summary Judgment filed by BMW of North America, LLC. (Suarez, Michael)
May 5, 2021 Filing 264 WAIVER OF SERVICE Returned Executed by Palm Beach Imports, Inc., Braman Motors, Inc.. Bayerische Motoren Werke Aktiengesellschaft waiver sent on 3/3/2021, answer due 6/1/2021. (Gallaer, Charles)
April 28, 2021 Opinion or Order Filing 263 PAPERLESS ORDER granting #262 Unopposed MOTION for Extension of Time. Supplemental production due by 5/14/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/28/2021. (apa)
April 27, 2021 Filing 262 Unopposed MOTION for Extension of Time to comply with order to supplement production re #261 Order on Motion for Sanctions by BMW of North America, LLC. Responses due by 5/11/2021 (Attachments: #1 Text of Proposed Order)(Suarez, Michael)
April 24, 2021 Opinion or Order Filing 261 ORDER denying #179 Plaintiff's MOTION for Sanctions. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/24/2021. See attached document for full details. (apa)
April 19, 2021 Opinion or Order Filing 260 PAPERLESS ORDER granting #256 Joint Motion to Modify Scheduling Order. The Court finds good cause to amend the current #224 Scheduling Order as to briefing of the motions for summary judgment. The parties shall adhere to the following briefing schedules:1. As to Plaintiffs' motion for summary judgment, Plaintiffs shall file and serve their reply to Defendant's opposition to Plaintiffs' motion for summary judgment on or before May 5, 2021.2. As to Defendant BMW of North America, LLC's motion for summary judgment, Defendant shall file and serve its reply to Plaintiffs' opposition to Defendant's motion for summary judgment on or before May 5, 2021. Signed by Judge Darrin P. Gayles (jsi)
April 18, 2021 Filing 259 NOTICE by BMW of North America, LLC re 251 Order on Motion to Seal,, of Filing Sealed Documents (Suarez, Michael)
April 18, 2021 SYSTEM ENTRY - Docket Entry 257 [misc] restricted/sealed until further notice. (1346728)
April 18, 2021 SYSTEM ENTRY - Docket Entry 258 [misc] restricted/sealed until further notice. (1346728)
April 14, 2021 Filing 256 Joint MOTION for Extension of Time to File Response/Reply/Answer as to 244 Order on Motion for Extension of Time to File Response/Reply/Answer,,,,, by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit A Proposed Order)(Gallaer, Charles)
April 14, 2021 Filing 255 Clerks Notice to Filer re 253 Plaintiff's SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. The Event has been corrected by the Clerk. It is not necessary to refile this document. (nc)
April 13, 2021 SYSTEM ENTRY - Docket Entry 254 [misc] restricted/sealed until further notice. (1635254)
April 13, 2021 SYSTEM ENTRY - Docket Entry 253 [motion] restricted/sealed until further notice. (1635254)
April 12, 2021 Opinion or Order Filing 252 PAPERLESS ORDER granting Plaintiffs' #248 Unopposed Motion to File under Seal Declaration of Charles Gallaer, Esq. with Exhibits and Counterstatement of Facts in Support of Plaintiffs' Opposition to BMW of North America, LLC's Motion for Summary Judgment. Plaintiffs may file under seal their #249 Memorandum of Law in Opposition to #232 Defendant's Motion for Summary Judgment, as well as: (1) the Declaration of Charles Gallaer, Esq., with exhibits; and (2) #250 Plaintiffs' Counterstatement of Material Facts. Signed by Judge Darrin P. Gayles (jsi)
April 12, 2021 Opinion or Order Filing 251 PAPERLESS ORDER granting #245 Defendant's Unopposed Motion to File Summary Judgment Materials Under Seal. Defendant may file under seal portions of its opposition brief to #235 Plaintiffs' Motion for Summary Judgment against Defendant's Counterclaim, as well as the following exhibits: (1) the 2015 Performance Reviews; (2) the deposition testimony of Carol Strickland; (3) the deposition testimony of Alex Shack; (4) the deposition testimony of Peter Buchauer; (5) the deposition testimony of Sharif Farhat; (6) the deposition testimony of Kenneth Harte; and (7) certain deposition exhibits from the deposition of Kenneth Harte. Signed by Judge Darrin P. Gayles (jsi)
April 7, 2021 Filing 250 Statement of: Plaintiffs' Counterstatement of Material Facts by Braman Motors, Inc., Palm Beach Imports, Inc. re #249 Response in Opposition to Motion, (Gallaer, Charles)
April 7, 2021 Filing 249 RESPONSE in Opposition re #232 Defendant's MOTION for Summary Judgment filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Replies due by 4/14/2021. (Attachments: #1 Declaration of Charles A Gallaer, Esq, #2 Exhibit A-Z, AA-ZZ, and AAA-BBB)(Gallaer, Charles)
April 7, 2021 Filing 248 Unopposed MOTION to File Under Seal by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles) Modified Event Type on 4/8/2021 (ra).
April 7, 2021 Filing 247 Statement of: Response to Plaintiff's Statement of Undisputed Material Facts and BMW's Statement of Additional Material Facts by BMW of North America, LLC re #246 Response in Opposition to Motion, (Suarez, Michael)
April 7, 2021 Filing 246 RESPONSE in Opposition re #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim filed by BMW of North America, LLC. Replies due by 4/14/2021. (Attachments: #1 Exhibit Declaration of Alison Eggers in Opposition to Motion for Summary Judgment)(Suarez, Michael)
April 6, 2021 Filing 245 Unopposed MOTION to Seal Summary Judgment Materials per Local Rule 5.4 by BMW of North America, LLC. (Suarez, Michael)
March 29, 2021 Opinion or Order Filing 244 PAPERLESS ORDER granting the parties' #242 Joint Motion to Modify Briefing Schedule for Motions for Summary Judgment. The Court finds good cause to amend the current #224 Scheduling Order as to briefing of the motions for summary judgment. The parties shall adhere to the following briefing schedules:1. The parties shall adhere to the following briefing schedule as to Plaintiffs' motion for summary judgment: a. Defendant BMW of North America, LLC shall file and serve its opposition to Plaintiffs' motion for summary judgment on or before April 7, 2021. b. Plaintiffs shall file and serve their reply to Defendant's opposition to Plaintiffs' motion for summary judgment on or before April 21, 2021.2. The parties shall adhere to the following briefing schedule as to Defendant BMW of North America, LLC's motion for summary judgment: a. Plaintiffs shall file and serve their opposition to Defendant's motion for summary judgment on or before April 7, 2021. b. Defendant shall file and serve its reply to Plaintiffs' opposition to Defendant's motion for summary judgment on or before April 21, 2021. Signed by Judge Darrin P. Gayles (jsi)
March 29, 2021 Opinion or Order Filing 243 PAPERLESS ORDER granting Plaintiffs' #240 Motion to Exceed Page Limitations. Plaintiffs' response in opposition to #232 Defendant's Motion for Summary Judgment shall not exceed thirty (30) pages. Additionally, Plaintiffs' statement of additional material facts shall not exceed ten (10) pages. Signed by Judge Darrin P. Gayles (jsi)
March 26, 2021 Filing 242 Joint MOTION for Extension of Time to File Response/Reply/Answer Modify Briefing Schedule for Motions for Summary Judgment by BMW of North America, LLC. (Attachments: #1 Text of Proposed Order)(Suarez, Michael)
March 25, 2021 SYSTEM ENTRY - Docket Entry 241 [misc] restricted/sealed until further notice. (1346728)
March 24, 2021 Filing 240 MOTION for Leave to File Excess Pages by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Text of Proposed Order)(Miner, Curtis)
March 18, 2021 Opinion or Order Filing 239 PAPERLESS ORDER granting Plaintiff's #234 Unopposed Motion to File Under Seal Exhibits to Plaintiff Braman Motors, Inc. d/b/a Braman BMW's Motion for Summary Judgment. Plaintiff may file redacted copies of its #235 Motion for Summary Judgment and file under seal exhibits to its #235 Motion for Summary Judgment, including the Dealer Agreements, financial data, deposition transcript excerpts, and communications. Signed by Judge Darrin P. Gayles (jsi)
March 18, 2021 Opinion or Order Filing 238 PAPERLESS ORDER granting #231 Defendant's Unopposed Motion to File Summary Judgment Exhibits under Seal. Defendant may file the following exhibits under seal: (1) the Dealer Agreements (including the Standard Provisions); (2) the Added Value Program Guides; and (3) the Deposition of Alex Shack. Signed by Judge Darrin P. Gayles (jsi)
March 10, 2021 Filing 237 Notice of Supplemental Authority re #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim by Braman Motors, Inc., Palm Beach Imports, Inc. (Attachments: #1 Exhibit 1 Capitol BG Decision, #2 Exhibit 2 Capitol BG Circuit Court Decision, #3 Exhibit 3 Capitol BG Court of Special Appeals, #4 Exhibit 4 PR-2483-16 Proposed Decision Folsom Chevrolet, #5 Exhibit 5 Folsom Chevrolet Hearing on Petition) (Gallaer, Charles)
March 10, 2021 Filing 236 Statement of: Undisputed Material Facts In Support Of Its Motion For Summary Judgment by Braman Motors, Inc., Palm Beach Imports, Inc. re #235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim (Gallaer, Charles)
March 10, 2021 Filing 235 MOTION for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 3/24/2021 (Attachments: #1 Affidavit of Charles Gallaer, #2 Exhibit A-Subject to Motion to Seal, #3 Exhibit B-Subject to Motion to Seal, #4 Exhibit C-Subject to Motion To Seal, #5 Exhibit D-Subject to Motion to Seal, #6 Exhibit E-2020.08.17 BMW NA Resps Objs to Braman Interrogatories, #7 Exhibit F-2020.08.17 Buchauer, Peter Dep Tr - Mini, #8 Exhibit G-2021.02.02 Farhat, Sharif Dep Tr-Mini, #9 Exhibit H-2019.11.26 Kelleher, Jessica Dep Tr-MINI PDFA, #10 Exhibit I-Subject to Motion to Seal, #11 Exhibit J-BMW NA-18, #12 Exhibit K-Subject to Motion to Seal, #13 Exhibit L-Subject to Motion to Seal, #14 Exhibit M-2020.08.13 Morley, Gabriel 30(b)(6) Dep Tr, #15 Exhibit N-BMW Amended Responses to First RFP, #16 Exhibit O-BMW NA - Resp. to Braman 4th RFP, #17 Exhibit P-Subject to Motion to Seal, #18 Exhibit Q-Subject to Motion to Seal, #19 Exhibit R-Subject to Motion to Seal, #20 Exhibit S-2021.01.29 Barry, Christopher Dep Tr, #21 Exhibit T-Subject to Motion to Seal, #22 Exhibit U-Expert Report of Christopher Barry 12 10 2020, #23 Affidavit)(Gallaer, Charles)
March 10, 2021 Filing 234 Unopposed MOTION for Protective Order to Seal Exhibits To Plaintiffs' Motion for Summary Judgment by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
March 10, 2021 Filing 233 Statement of: Material Undisputed Facts by BMW of North America, LLC re #232 Defendant's MOTION for Summary Judgment (Attachments: #1 Exhibit Declaration of Paul Pedenski, #2 Exhibit Declaration of Alison Eggers, #3 Exhibit Declaration of Carol Strickland)(Suarez, Michael)
March 10, 2021 Filing 232 Defendant's MOTION for Summary Judgment by BMW of North America, LLC. Responses due by 3/24/2021 (Attachments: #1 Exhibit A in Support of Motion for Summary Judgment)(Suarez, Michael)
March 8, 2021 Filing 231 Unopposed MOTION to Seal per Local Rule 5.4 by BMW of North America, LLC. (Suarez, Michael)
March 3, 2021 Filing 230 ANSWER to Counterclaim by Braman Motors, Inc.. (Gallaer, Charles)
February 24, 2021 Filing 229 BMW of North America, LLC ANSWER and Affirmative Defenses to Amended Complaint , Defendant's COUNTERCLAIM against Braman Motors, Inc. by BMW of North America, LLC. (Suarez, Michael)
February 24, 2021 Filing 228 TRANSCRIPT of Telephonic Status Conference held on 02/10/2021 before Judge Darrin P. Gayles, 1-14 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (pdz)
February 19, 2021 Opinion or Order Filing 227 PAPERLESS ORDER granting Plaintiffs #221 Unopposed Motion to File Under Seal Fourth Amended Complaint. Plaintiffs may file a redacted copy of their Fourth Amended Complaint. Signed by Judge Darrin P. Gayles (jsi)
February 19, 2021 Opinion or Order Filing 226 PAPERLESS ORDER granting Plaintiffs' #217 Unopposed Motion to File Under Seal Exhibits to Plaintiff Braman Motors, Inc. d/b/a Braman BMW's Motion for Summary Judgment and Plaintiffs' Motion to Strike Portions of the Expert Reports of Christopher Barry and Sharif Farhat and to Preclude Related Testimony at Trial. Plaintiffs may file redacted copies of their motion for summary judgment and file under seal exhibits to their motion for summary judgment, including the Dealer Agreements, financial data, deposition transcript excerpts, and communications. Signed by Judge Darrin P. Gayles (jsi)
February 19, 2021 Opinion or Order Filing 225 PAPERLESS ORDER denying as moot #207 Defendant BMW of North America, LLC's Motion for Summary Judgment; denying as moot #218 Plaintiff Braman Motors, Inc.'s Motion for Summary Judgment Against Defendant BMW of North America, LLC's Counterclaim in light of the amended briefing schedule for summary judgment motions outlined in the #224 Fifth Amended Scheduling Order. Signed by Judge Darrin P. Gayles (jsi)
February 19, 2021 Opinion or Order Filing 224 ORDER granting the parties' #223 Joint Motion to Modify Scheduling Order. Calendar Call set for 2/23/2022 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 2/28/2022 09:00 AM before Judge Darrin P. Gayles. Telephonic Status Conference set for 12/15/2021 10:00 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles See attached document for full details. (jsi)
February 17, 2021 Filing 223 Joint MOTION for Extension of Time to Amend Scheduling Order by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 3/3/2021 (Attachments: #1 Text of Proposed Order)(Gallaer, Charles)
February 17, 2021 Filing 222 Fourth AMENDED COMPLAINT against BMW of North America, LLC, Bayerische Motoren Werke Aktiengesellschaft filed in response to Order Granting Motion for Leave, filed by Palm Beach Imports, Inc., Braman Motors, Inc..(Gallaer, Charles)
February 17, 2021 Filing 221 Unopposed MOTION to Seal re ECF No. #121 per Order authorizing the submission of this document under seal by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
February 10, 2021 Filing 220 Notice of Supplemental Authority re #218 MOTION for Summary Judgment by Braman Motors, Inc., Palm Beach Imports, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Gallaer, Charles)
February 10, 2021 Filing 219 Statement of: Undisputed Material Facts In Support Of Its Motion For Summary Judgment by Braman Motors, Inc., Palm Beach Imports, Inc. re #218 MOTION for Summary Judgment (Gallaer, Charles)
February 10, 2021 Filing 218 MOTION for Summary Judgment by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 2/24/2021 (Attachments: #1 Affidavit Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Affidavit Declaration)(Gallaer, Charles)
February 10, 2021 Filing 217 MOTION to Seal per Local Rule 5.4 by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
February 10, 2021 Opinion or Order Filing 216 PAPERLESS ORDER granting #163 Plaintiffs' Motion for Leave to Amend their Complaint Against BMWNA to Conform the Pleadings, for Leave to Amend their Complaint Against BMW AG and for Jurisdictional Discovery for the reasons set forth during the Telephonic Status Conference on February 10, 2021. Pursuant to Local Rule 15.1, Plaintiffs shall separately file their Fourth Amended Complaint on or before February 17, 2021.Additionally, the parties shall jointly file a proposed briefing schedule as to #207 Defendant's Motion for Summary Judgment, and a proposed amended scheduling order, if needed, on or before February 17, 2021. Signed by Judge Darrin P. Gayles (jsi)
February 10, 2021 Filing 215 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on February 10, 2021. Attorney Appearances: William N. Berkowitz, Alison Eggers, John R. Skelton, Charles Andrew Gallaer, David Seymour Leibowitz, Michael P. McMahan, Russell P. McRory, Curtis Bradley Miner, and Taniel Anderson. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
February 10, 2021 Filing 214 Clerks Notice to Filer re 212 Sealed Document, 213 Sealed Document. Document Not Captioned; In the future, the Filer must File a Notice of Filing with the attached Exhibits with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (mc)
February 9, 2021 Opinion or Order Filing 210 PAPERLESS ORDER granting #205 Defendant BMW of North America, LLC's Unopposed Motion for File Summary Judgment Exhibits Under Seal. Defendant may file the following exhibits under seal: (1) the Dealer Agreements (including the Standard Provisions); (2) the Added Value Program Guides; and (3) the Deposition of Alex Shack. Signed by Judge Darrin P. Gayles (jsi)
February 9, 2021 SYSTEM ENTRY - Docket Entry 211 [misc] restricted/sealed until further notice. (817808)
February 9, 2021 SYSTEM ENTRY - Docket Entry 213 [misc] restricted/sealed until further notice. (1346728)
February 9, 2021 SYSTEM ENTRY - Docket Entry 212 [misc] restricted/sealed until further notice. (1346728)
February 8, 2021 Opinion or Order Filing 209 PAPERLESS ORDER. The Telephonic Status Conference set for February 9, 2021 at 10:00 A.M. before Judge Darrin P. Gayles is reset for February 10, 2021 at 10:00 A.M. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (jsi)
February 8, 2021 Opinion or Order Filing 208 PAPERLESS ORDER granting #204 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Taniel Anderson is permitted to appear before this Court on behalf of Plaintiffs Braman Motors, Inc., Palm Beach Imports, Inc., and Terry L. Rhode for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Anderson at taniel.anderson@arentfox.com. Signed by Judge Darrin P. Gayles (jsi)
February 5, 2021 Filing 207 MOTION for Summary Judgment by BMW of North America, LLC. Responses due by 2/19/2021 (Attachments: #1 Exhibit)(Suarez, Michael)
February 5, 2021 Filing 206 MOTION for Summary Judgment Statement of Material Undisputed Facts by BMW of North America, LLC. Responses due by 2/19/2021 (Attachments: #1 Affidavit Declaration of Paul Pedenski, #2 Affidavit Declaration of Alison Eggers, #3 Affidavit Declaration of Carol Strickland)(Suarez, Michael)
February 5, 2021 Filing 205 Unopposed MOTION to Seal Summary Judgment Exhibits per Local Rule 5.4 by BMW of North America, LLC. (Suarez, Michael)
February 4, 2021 Filing 204 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Taniel Anderson. Filing Fee $ 200.00 Receipt # AFLSDC-14338816 by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 2/18/2021 (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Gallaer, Charles)
January 27, 2021 Filing 203 NOTICE of Attorney Appearance by Curtis Bradley Miner on behalf of Braman Motors, Inc., Palm Beach Imports, Inc.. Attorney Curtis Bradley Miner added to party Braman Motors, Inc.(pty:pla), Attorney Curtis Bradley Miner added to party Palm Beach Imports, Inc.(pty:pla). (Miner, Curtis)
January 19, 2021 Filing 202 REPLY to #198 Response in Opposition to Motion, by Braman Motors, Inc., Palm Beach Imports, Inc.. (Martinez, Roberto)
January 19, 2021 Filing 201 RESPONSE in Opposition re #197 Plaintiff's MOTION for Sanctions Plaintiffs' Post-Hearing Brief in Support of Their Motion for Sanctions Against BMW of North America Reply to Post-Hearing Brief filed by BMW of North America, LLC. Replies due by 1/26/2021. (Suarez, Michael)
January 11, 2021 Filing 200 Witness List by BMW of North America, LLC.. (Suarez, Michael)
January 11, 2021 Filing 199 Witness List by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc... (Gallaer, Charles)
January 11, 2021 Filing 198 RESPONSE in Opposition re #197 Plaintiff's MOTION for Sanctions Plaintiffs' Post-Hearing Brief in Support of Their Motion for Sanctions Against BMW of North America filed by BMW of North America, LLC. Replies due by 1/19/2021. (Suarez, Michael)
January 11, 2021 Filing 197 Plaintiff's MOTION for Sanctions Plaintiffs' Post-Hearing Brief in Support of Their Motion for Sanctions Against BMW of North America by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit)(Martinez, Roberto)
December 15, 2020 Opinion or Order Filing 196 PAPERLESS ORDER granting #195 MOTION Joint Proposed Briefing Schedule. The parties shall file their post-hearing briefs on #179 Plaintiff's MOTION for Sanctions by 1/11/2021 and their reply briefs by 1/19/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/15/2020. (apa)
December 14, 2020 Filing 195 MOTION Joint Proposed Briefing Schedule by BMW of North America, LLC. (Suarez, Michael)
December 11, 2020 Filing 194 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Evidentiary Hearing held on 12/11/2020. Total time in court: 2 hour(s) : 20 minutes. Attorney Appearance(s): Charles Andrew Gallaer, Michael P. McMahan, Russell P. McRory, Stephanie Anne Casey, David Seymour Leibowitz, Brian Jay Shack, Roberto Martinez, Stanley Krieger (in-house counsel) appeared on behalf of the Plaintiff. William N. Berkowitz, Alison Eggers, John R. Skelton, Michael F. Suarez, Brandon L. Bigelow, Howard Harris (General Counsel), and Kevin Healy (in-house counsel) appeared on behalf of the Defendant. Briefing schedule due 12/14/20. Matter taken under advisement. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (sl) Modified on 4/27/2021 (sl).
December 10, 2020 Filing 193 Exhibit and Witness List by BMW of North America, LLC.. (Suarez, Michael)
December 9, 2020 Filing 192 Exhibit and Witness List by Braman Motors, Inc., Palm Beach Imports, Inc... (Gallaer, Charles)
December 8, 2020 Opinion or Order Filing 191 PAPERLESS ORDER resetting the 2-hour Evidentiary Hearing on #179 Plaintiff's MOTION for Sanctions to 12/11/2020 at 03:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The Evidentiary Hearing will be conducted via Zoom conference. Instructions will be provided to counsel via email prior to the Evidentiary Hearing. Counsel shall disseminate those instructions to their clients and/or witnesses they intend to call to testify at the Evidentiary Hearing. Each party shall file a witness and exhibit list prior to the Evidentiary Hearing. **TIME CHANGE ONLY** Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/8/2020. (apa)
December 4, 2020 Filing 190 RESPONSE in Support re #179 Plaintiff's MOTION for Sanctions and Incorporated Memorandum of Law filed by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit)(Martinez, Roberto)
December 2, 2020 Opinion or Order Filing 189 PAPERLESS ORDER setting 2-hour Evidentiary Hearing on #179 Plaintiff's MOTION for Sanctions for 12/11/2020 at 02:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The Evidentiary Hearing will be conducted via Zoom conference. Instructions will be provided to counsel via email prior to the Evidentiary Hearing. Counsel shall disseminate those instructions to their clients and/or witnesses they intend to call to testify at the Evidentiary Hearing. Each party shall file a witness and exhibit list prior to the Evidentiary Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/2/2020. (apa)
December 2, 2020 Opinion or Order Filing 188 FOURTH AMENDED SCHEDULING ORDER Signed by Judge Darrin P. Gayles on 12/2/2020. See attached document for full details. (jbs)
December 2, 2020 Opinion or Order Filing 187 PAPERLESS ORDER REFERRING to Magistrate Judge Alicia M. Otazo-Reyes #179 Plaintiffs' Motion for Sanctions. Signed by Judge Darrin P. Gayles (jsi)
November 30, 2020 Filing 186 MOTION Joint Motion to Modify Scheduling Order re #39 Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,,, Set/Reset Deadlines/Hearings,,, #158 Order on Motion to Amend/Correct, #178 Order on Motion for Miscellaneous Relief, #134 Order on Motion for Miscellaneous Relief, 115 Order on Motion for Miscellaneous Relief,,,,, #156 Order on Motion for Miscellaneous Relief,, by BMW of North America, LLC. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Modify Scheduling Order)(Suarez, Michael)
November 25, 2020 Opinion or Order Filing 185 PAPERLESS ORDER granting #184 Plaintiffs' Unopposed Motion for Enlargement of Time to File Reply. Plaintiffs shall file their reply to #183 Defendant BMW of North America, LLC's Opposition to Plaintiffs' Motion for Sanctions on or before December 4, 2020. Signed by Judge Darrin P. Gayles (jsi)
November 23, 2020 Filing 184 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Text of Proposed Order)(Martinez, Roberto)
November 20, 2020 Filing 183 RESPONSE in Opposition re #179 Plaintiff's MOTION for Sanctions and Incorporated Memorandum of Law filed by BMW of North America, LLC. Replies due by 11/30/2020. (Attachments: #1 Affidavit Declaration in Support of BMW NA Opposition to Motion for Sanctions, #2 Exhibit Exhibit A to Declaration in Support of BMW NA Opposition to Motion for Sanctions)(Suarez, Michael)
November 16, 2020 Reset Deadlines as to #179 Plaintiff's Motion for Sanctions and Incorporated Memorandum of Law. Responses due by 11/20/2020, per DE 182 Order. (mc)
November 13, 2020 Opinion or Order Filing 182 PAPERLESS ORDER granting #180 #181 Defendant BMW of North America, LLC's Assented to Motion for an Extension of Time to Respond to Plaintiffs' Motion for Sanctions. Defendant shall file its response to #179 Plaintiffs' Motion for Sanctions on or before November 20, 2020. Signed by Judge Darrin P. Gayles (jsi)
November 13, 2020 Filing 181 MOTION for Extension of Time to Respond to Motion re #179 Plaintiff's MOTION for Sanctions and Incorporated Memorandum of Law by BMW of North America, LLC. Responses due by 11/30/2020 (Attachments: #1 Text of Proposed Order)(Suarez, Michael)
November 12, 2020 Filing 180 Defendant's MOTION for Extension of Time to Respond to Motion re #179 Plaintiff's MOTION for Sanctions and Incorporated Memorandum of Law by BMW of North America, LLC. Responses due by 11/30/2020 (Attachments: #1 Text of Proposed Order Granting Assented-To Motion for Extension of Time)(Suarez, Michael)
October 30, 2020 Filing 179 Plaintiff's MOTION for Sanctions and Incorporated Memorandum of Law by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Martinez, Roberto)
September 30, 2020 Opinion or Order Filing 178 THIRD AMENDED SCHEDULING ORDER Granting #176 Motion to Modify Scheduling Order. Calendar Call set for 6/2/2021 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 6/7/2021 before Judge Darrin P. Gayles. Status Conference set for 2/9/2021 10:00 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 9/30/2020. See attached document for full details. (jbs)
September 25, 2020 Filing 177 Notice of Supplemental Authority re #163 Plaintiff's MOTION for Leave to File An Amended Complaint by Braman Motors, Inc., Palm Beach Imports, Inc. (Attachments: #1 Exhibit A-Supplemental Authority) (Gallaer, Charles)
September 11, 2020 Filing 176 Joint MOTION Joint Request to Modify Scheduling Order by Braman Motors, Inc.. (Attachments: #1 Text of Proposed Order)(Casey, Stephanie)
July 13, 2020 Filing 175 REPLY to Response to Motion re #163 Plaintiff's MOTION for Leave to File An Amended Complaint filed by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
July 9, 2020 Filing 174 NOTICE of Attorney Appearance by Brian Jay Shack on behalf of Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc.. Attorney Brian Jay Shack added to party Braman Motors, Inc.(pty:cd), Attorney Brian Jay Shack added to party Braman Motors, Inc.(pty:cd), Attorney Brian Jay Shack added to party Braman Motors, Inc.(pty:pla), Attorney Brian Jay Shack added to party Braman Motors, Inc.(pty:cd), Attorney Brian Jay Shack added to party Palm Beach Imports, Inc.(pty:pla). (Shack, Brian)
July 2, 2020 Opinion or Order Filing 173 PAPERLESS ORDER granting #172 Plaintiffs' Consented-to Motion for Extension of Time to File Reply to #163 Plaintiffs' Motion for Leave to Amend Complaint. Plaintiffs' shall file their reply to Defendants' #170 #171 Responses in Opposition on or before July 13, 2020. Signed by Judge Darrin P. Gayles (jsi)
July 1, 2020 Filing 172 MOTION for Extension of Time to File Response/Reply/Answer as to #163 Plaintiff's MOTION for Leave to File An Amended Complaint by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Text of Proposed Order)(Gallaer, Charles)
June 26, 2020 Filing 171 RESPONSE in Opposition re #163 Plaintiff's MOTION for Leave to File An Amended Complaint filed by BMW of North America, LLC. Replies due by 7/6/2020. (Attachments: #1 Affidavit)(Suarez, Michael)
June 26, 2020 Filing 170 RESPONSE in Opposition re #163 Plaintiff's MOTION for Leave to File An Amended Complaint filed by Bayerische Motoren Werke Aktiengesellschaft. Replies due by 7/6/2020. (Attachments: #1 Exhibit A)(Brochin, Robert)
June 9, 2020 Opinion or Order Filing 169 PAPERLESS ORDER granting Plaintiffs' #164 Unopposed Motion to File Under Seal Exhibits to Plaintiffs' Motion to Amend. Plaintiffs may file the following exhibits under seal: (1) Exhibit A; (2) Exhibit A-1; (3) Exhibit C; (4) Exhibit D; (5) Exhibit E; (6) Exhibit F; (7) Exhibit G; (8) Exhibit H; (9) Exhibit I; (10) Exhibit J; (11) Exhibit K; and (12) Exhibit L. Signed by Judge Darrin P. Gayles (jsi)
June 8, 2020 Opinion or Order Filing 168 PAPERLESS ORDER granting Defendant BMW of North America, LLC's #166 Motion for Extension of Time to File Response to Plaintiffs' #163 Motion for Leave to Amend Complaint and for Jurisdictional Discovery. Defendant BMW of North America, LLC shall fill its response on or before June 26, 2020. Signed by Judge Darrin P. Gayles (jsi)
June 8, 2020 Opinion or Order Filing 167 PAPERLESS ORDER granting Defendant Bayerische Motoren Werke Aktiengesellschaft's #165 Motion for Extension of Time to File Response to Plaintiffs' #163 Motion for Leave to Amend Complaint and for Jurisdictional Discovery. Defendant Bayerische Motoren Werke Aktiengesellschaft shall fill its response on or before June 26, 2020. Signed by Judge Darrin P. Gayles (jsi)
June 8, 2020 Filing 166 MOTION for Extension of Time to File Response/Reply/Answer by BMW of North America, LLC. (Attachments: #1 Text of Proposed Order)(Suarez, Michael)
June 3, 2020 Filing 165 MOTION for Extension of Time to File Response/Reply/Answer as to #163 Plaintiff's MOTION for Leave to File An Amended Complaint by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
May 29, 2020 Filing 164 Unopposed MOTION for Protective Order to Seal Exhibits To Plaintiffs' Motion To Amend by Braman Motors, Inc., Palm Beach Imports, Inc.. (Gallaer, Charles)
May 29, 2020 Filing 163 Plaintiff's MOTION for Leave to File An Amended Complaint by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit A - under seal, #2 Exhibit A-1 - under seal, #3 Exhibit B - Proposed Order, #4 Exhibit C - under seal, #5 Exhibit D - under seal, #6 Exhibit E - under seal, #7 Exhibit F - under seal, #8 Exhibit G - under seal, #9 Exhibit H - under seal, #10 Exhibit I - under seal, #11 Exhibit J - under seal, #12 Exhibit K - under seal, #13 Exhibit L - under seal, #14 Exhibit M - Marks Dep. Tr. Excerpts, #15 Exhibit N - Willisch Dep. Tr. Excerpts, #16 Exhibit O - First RFP to BMWAG)(Gallaer, Charles)
April 3, 2020 Filing 162 PAPERLESS ORDER granting #161 Joint Motion to Modify Scheduling Order. The deadlines in this action shall be modified as follows: 1. Written lists containing the names and addresses of all witnesses intended to be called at trial by 10/14/2020;<<. Plaintiff(s) shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) by 9/16/2020;3. Defendant(s) shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) by 11/11/2020;4. Exchange of rebuttal expert witness summaries and reports as required by Fed. R. Civ. P. 26(a)(2) by 11/30/2020;5. Fact discovery shall be completed by 8/17/2020;6. Expert discovery shall be completed by 12/14/2020;7. Dispositive motions, including those regarding summary judgment and Daubert, shall be filed by 1/6/2021;8. All pretrial motions and memoranda of law, including motions in limine, shall be filed by 3/10/2021;9. Joint pretrial stipulation, proposed joint jury instructions, proposed joint verdict form, and/or proposed findings of fact and conclusions of law shall be filed by 4/7/2021;10. Electronic versions of documentary exhibits and Certificates of Compliance re Admitted Evidence shall be filed on CM/ECF by 5/24/2021;Calendar call shall be held at 9:30 a.m. on 6/2/2021; and trial set during the Court's two-week trial calendar beginning on Monday, June 7, 2021. The Court shall also hold a status conference on February 9, 2021, at 10:00 a.m. Signed by Judge Darrin P. Gayles (lfn)
April 3, 2020 Set/Reset Deadlines/Hearings as per DE 162 : Joint Pretrial Stipulation due by 4/7/2021. (lk)
April 1, 2020 Filing 161 Joint MOTION to Amend/Correct Modify Scheduling Order by BMW of North America, LLC. Responses due by 4/15/2020 (Attachments: #1 Text of Proposed Order Proposed Amended Scheduling Order)(Suarez, Michael)
February 28, 2020 Filing 160 MEDIATION REPORT by David H. Lichter. Disposition: Case did not settle.(Lichter, David)
February 19, 2020 Opinion or Order Filing 159 PAPERLESS ORDER resetting fact discovery deadline pursuant to the parties' Joint Motion [ECF No. 158]. The parties shall complete fact discovery in this case by May 18, 2020. Signed by Judge Darrin P. Gayles (lfn)
February 18, 2020 Opinion or Order Filing 158 SECOND AMENDED SCHEDULING ORDER Re: #157 Joint Motion to Modify Scheduling Order. Calendar Call set for 3/3/2021 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 3/8/2021 before Judge Darrin P. Gayles. Status Conference set for 11/10/2020 10:00 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 2/18/2020. See attached document for full details. (ar2)
February 3, 2020 Filing 157 Joint MOTION to Amend/Correct #156 Order on Motion for Miscellaneous Relief,, by BMW of North America, LLC. Attorney Michael F Suarez added to party BMW of North America, LLC(pty:dft). Responses due by 2/18/2020 (Attachments: #1 Text of Proposed Order Amended Order)(Suarez, Michael)
November 4, 2019 Opinion or Order Filing 156 AMENDED SCHEDULING ORDER re #155 Joint Motion to Modify Scheduling Order. Expert Discovery due by 6/15/2020. Fact Discovery due by 2/17/2020. Mediation Deadline 2/28/2020. Dispositive Motions due by 7/10/2020. In Limine Motions due by 9/11/2020. Motions due by 9/11/2020. Pretrial Stipulation due by 10/9/2020. Calendar Call set for 12/2/2020 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 12/7/2020 before Judge Darrin P. Gayles. Status Conference set for 8/12/2020 10:00 AM before Judge Darrin P. Gayles. All other terms of the prior Scheduling Order (ECF No. #39 ) shall remain in effect. Signed by Judge Darrin P. Gayles on 11/4/2019. See attached document for full details. (mc)
October 17, 2019 Filing 155 Joint MOTION to Modify Scheduling Order by Braman Motors, Inc.. (Attachments: #1 Text of Proposed Order)(Casey, Stephanie)
September 30, 2019 Opinion or Order Filing 154 ORDER granting #129 Defendant BMW AG's Motion to Dismiss for Lack of Jurisdiction. Defendant BMW AG is dismissed WITHOUT PREJUDICE. Accordingly, BMW AG's Motion to Dismiss for Failure to State a Claim is DENIED AS MOOT. Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
August 21, 2019 Filing 153 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 8/21/2019 re #129 MOTION to Dismiss for Lack of Jurisdiction #127 Amended Complaint, MOTION TO DISMISS #127 Amended Complaint, FOR FAILURE TO STATE A CLAIM , Request For Hearing, And Memorandum Of Law In Support filed by Bayerische Motoren Werke Aktiengesellschaft. Counsel for all parties present.Total time in court: 1 hour(s) : 30 minutes. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (lfn)
August 6, 2019 Filing 152 NOTICE of Compliance by The Collection, LLC d/b/a The Collection Audi (Dean-Kluger, Jesse)
July 22, 2019 Opinion or Order Filing 151 PAPERLESS ORDER granting #149 Unopposed Motion to File Under Seal Exhibits to Plaintiffs' Notice of Supplemental Authority. Signed by Judge Darrin P. Gayles (lfn)
July 19, 2019 Filing 149 Unopposed MOTION to Seal per Local Rule 5.4 by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Text of Proposed Order) (Casey, Stephanie)
July 19, 2019 SYSTEM ENTRY - Docket Entry 150 [misc] restricted/sealed until further notice. (1312468)
July 10, 2019 Opinion or Order Filing 148 PAPERLESS ORDER Cancelling Discovery Hearing set for 7/11/2019 at 2:00 PM in light of #147 NOTICE OF CANCELLATION. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/10/2019. (kmh)
July 10, 2019 Filing 147 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #137 NOTICE of Hearing by ATTORNEY: re #135 MOTION to Quash Subpoena Discovery Hearing set for 7/11/2019 02:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Baumberger, Peter) (Baumberger, Peter)
July 3, 2019 Opinion or Order Filing 146 PAPERLESS ORDER granting #145 Plaintiffs' Unopposed Motion for an Alternative Hearing Date. The Court will hear argument on Defendant Bayerische Motoren Werke Aktiengesellschaft's #129 Motion to Dismiss on August 15, 2019, at 10:00 am. Signed by Judge Darrin P. Gayles (lfn)
July 3, 2019 Filing 145 Unopposed MOTION to Continue for Alternative Hearing Date by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 7/17/2019 (Attachments: #1 Text of Proposed Order)(Casey, Stephanie)
June 27, 2019 Opinion or Order Filing 144 ORDER denying #135 MOTION to Quash. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/27/2019. See attached document for full details. (kmh)
June 27, 2019 Filing 143 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 6/27/2019 re #135 MOTION to Quash Subpoena filed by The Collection, LLC d/b/a The Collection Audi. Total time in court: 38 minutes. Attorney Appearance(s): Russell P. McRory, David Seymour Leibowitz, Michael P. McMahan and Stephanie Anne Casey appeared on behalf of the Plaintiffs; Michael Suarez, Alison Eggers and Eric J. Walz appeared on behalf of Defendant BMW of North America, LLC; Jesse Dean-Kluger and Brian Elstein appeared on behalf of Non-Party The Collection LLC d/b/a The Collection Audi. Order to follow. (Digital 11:04:09) (sl)
June 20, 2019 Opinion or Order Filing 142 PAPERLESS ORDER Setting Hearing on Motion #129 Defendant Bayerische Motoren Werke Aktiengesellschaft's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim. The parties shall appear before the Court in Miami for a hearing on Defendant's Motion on July 10, 2019, at 2:00 pm. Signed by Judge Darrin P. Gayles (lfn)
June 14, 2019 Opinion or Order Filing 141 ENDORSED ORDER granting #140 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Eric J. Walz is permitted to appear before this Court on behalf of Defendant, BMW of North America, LLC for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Walz at ewalz@seyfarth.com. Signed by Judge Darrin P. Gayles (lfn)
June 14, 2019 Filing 140 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter Baumberger. Filing Fee $ 75.00 Receipt # 113C-11730597 by BMW of North America, LLC. Responses due by 6/28/2019 (Attachments: #1 Certification Certification of Eric Waltz, #2 Text of Proposed Order Proposed Order)(Baumberger, Peter)
June 7, 2019 Filing 139 AFFIDAVIT in Opposition re #135 MOTION to Quash Subpoena by The Collection Audi filed by BMW of North America, LLC. (Attachments: #1 Exhibit)(Baumberger, Peter)
June 7, 2019 Filing 138 RESPONSE in Opposition re #135 MOTION to Quash Subpoena by The Collection Audi filed by BMW of North America, LLC. Replies due by 6/14/2019. (Baumberger, Peter)
June 6, 2019 Filing 137 NOTICE of Hearing by ATTORNEY: re #135 MOTION to Quash Subpoena Discovery Hearing set for 7/11/2019 02:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Baumberger, Peter)
May 24, 2019 Opinion or Order Filing 136 PAPERLESS ORDER Setting Hearing on #135 MOTION to Quash 6/27/2019 at 11:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/24/2019. (kmh)
May 24, 2019 Filing 135 MOTION to Quash Subpoena by The Collection, LLC d/b/a The Collection Audi. Attorney Jesse Dean-Kluger added to party The Collection, LLC d/b/a The Collection Audi (pty:dft). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dean-Kluger, Jesse)
May 20, 2019 Opinion or Order Filing 134 ORDER granting #133 Joint Motion to Modify Scheduling Order. Calendar Call set for 9/9/2020 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 9/14/2020 before Judge Darrin P. Gayles. Status Conference set for 6/10/2020 10:00 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 5/21/2019. See attached document for full details. (ar2)
May 17, 2019 Filing 133 Joint MOTION to Modify Scheduling Order by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A-Proposed Order)(Casey, Stephanie)
March 8, 2019 Filing 132 REPLY to Response to Motion re #129 MOTION to Dismiss for Lack of Jurisdiction #127 Amended Complaint, MOTION TO DISMISS #127 Amended Complaint, FOR FAILURE TO STATE A CLAIM , Request For Hearing, And Memorandum Of Law In Support filed by Bayerische Motoren Werke Aktiengesellschaft. (Brochin, Robert)
March 7, 2019 Filing 131 ANSWER to Counterclaim Answer to Amended Counterclaim [DE 128] by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. (Casey, Stephanie)
March 1, 2019 Filing 130 RESPONSE in Opposition re #129 MOTION to Dismiss for Lack of Jurisdiction #127 Amended Complaint, MOTION TO DISMISS #127 Amended Complaint, FOR FAILURE TO STATE A CLAIM , Request For Hearing, And Memorandum Of Law In Support filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Replies due by 3/8/2019. (Attachments: #1 Exhibit)(Casey, Stephanie)
February 15, 2019 Filing 129 MOTION to Dismiss for Lack of Jurisdiction #127 Amended Complaint, , MOTION TO DISMISS #127 Amended Complaint, FOR FAILURE TO STATE A CLAIM , Request For Hearing, And Memorandum Of Law In Support ( Responses due by 3/1/2019) by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Affidavit Declaration of Andrea Wolfschaffner)(Brochin, Robert)
February 14, 2019 Filing 128 BMW of North America ANSWER and Affirmative Defenses to Amended Complaint Third, COUNTERCLAIM against Braman Motors, Inc. by BMW of North America, LLC. (Baumberger, Peter)
February 1, 2019 Filing 127 Corrected AMENDED COMPLAINT CORRECTED THIRD AMENDED COMPLAINT against BMW of North America, LLC, Bayerische Motoren Werke Aktiengesellschaft filed in response to Order Granting Motion for Leave, filed by Terry L. Rhode, Palm Beach Imports, Inc., Braman Motors, Inc..(Martinez, Roberto)
February 1, 2019 Opinion or Order Filing 126 PAPERLESS ORDER denying as moot #118 BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT'S Motion to Dismiss Pursuant to Rules 12(b)(2) and 12(b)(6) in light of the Third Amended Complaint. Signed by Judge Darrin P. Gayles (hs01)
January 31, 2019 Filing 125 Third AMENDED COMPLAINT against BMW of North America, LLC, Bayerische Motoren Werke Aktiengesellschaft filed in response to Order Granting Motion for Leave, filed by Terry L. Rhode, Palm Beach Imports, Inc., Braman Motors, Inc..(Martinez, Roberto)
January 21, 2019 Opinion or Order Filing 124 PAPERLESS ORDER granting #122 Motion for Leave to File Supplement to Second Amended Complaint. Rather than file the supplemental complaint attached to the Motion, Plaintiffs shall file a Third Amended Complaint within 10 days of the date of this Order. Signed by Judge Darrin P. Gayles (hs01)
December 21, 2018 Filing 123 REPLY to Response to Motion re #118 MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Bayerische Motoren Werke Aktiengesellschaft. (Brochin, Robert)
December 21, 2018 Filing 122 MOTION for Leave to File Supplement to Second Amended Compliant by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Casey, Stephanie)
December 6, 2018 Opinion or Order Filing 121 STIPULATED PROTECTIVE ORDER FOR DISCOVERY. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/6/2018. See attached document for full details. (kmh)
December 6, 2018 Filing 120 Agreed MOTION Agreed Motion for Entry of Revised Protective Order re #112 Order on Motion to Compel by BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A)(Baumberger, Peter)
December 4, 2018 Filing 119 RESPONSE in Opposition re #118 MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Attorney Stephanie Anne Casey added to party Terry L. Rhode(pty:pla). Replies due by 12/11/2018. (Attachments: #1 Affidavit Declaration of Alex J. Schack, #2 Exhibit A to Shack Declaration, #3 Exhibit B to Shack Declaration, #4 Exhibit C to Shack Declaration, #5 Affidavit Declaration of David Leibowitz, #6 Exhibit 1 to Leibowitz Declaration, #7 Exhibit 2 to Leibowitz Declaration, #8 Exhibit 3 to Leibowitz Declaration, #9 Exhibit 4 to Leibowitz Declaration, #10 Exhibit 5 to Leibowitz Declaration, #11 Exhibit 6 to Leibowitz Declaration, #12 Exhibit 7 to Leibowitz Declaration, #13 Exhibit 8 to Leibowitz Declaration, #14 Exhibit 9 to Leibowitz Declaration, #15 Appendix A)(Casey, Stephanie)
November 9, 2018 Filing 118 MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint , MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 11/23/2018) by Bayerische Motoren Werke Aktiengesellschaft. (Attachments: #1 Affidavit Declaration of Andrea Wolfschaffner)(Brochin, Robert)
October 23, 2018 Opinion or Order Filing 117 PAPERLESS ORDER granting #116 Joint Motion for Enlargement of Briefing Schedule. AG is permitted to file its Motion to Dismiss on or before November 9, 2018, Plaintiffs are permitted to file their response to the Motion to Dismiss on or before December 4, 2018, and AG is permitted to file a Reply to the Response on or before December 21, 2018. Signed by Judge Darrin P. Gayles (hs01)
October 22, 2018 Filing 116 Joint MOTION for Extension of Time to File Response/Reply/Answer by Bayerische Motoren Werke Aktiengesellschaft. Attorney Robert Mark Brochin added to party Bayerische Motoren Werke Aktiengesellschaft(pty:dft). (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
September 24, 2018 Opinion or Order Filing 115 PAPERLESS ORDER granting #114 Joint Motion to Modify Scheduling Order. The Scheduling Order is amended as follows: Written lists containing the names and addresses of all witnesses intended to be called at trial by 8/20/2019; Plaintiff(s) shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) by 7/26/2019;Defendant(s) shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) by 9/20/2019; Exchange of rebuttal expert witness summaries and reports as required by Fed. R. Civ. P. 26(a)(2) by 9/20/2019; Parties shall select a mediator pursuant to Local Rule 16.2 and shall schedule a time, date, and place for mediation by 10/17/2019; Expert Discovery due by 10/10/2019; Fact Discovery due by 7/8/2019; Mediation Deadline 12/9/2019; Dispositive Motions due by 11/8/2019; Pretrial Motions due by 1/10/2020; Joint Pretrial Stipulation due by 2/10/2020; Electronic versions of documentary exhibits and Certificates of Compliance re Admitted Evidence shall be filed on CM/ECF by 3/2/2020. Calendar Call set for 2/26/2020 at 9:30 AM. Jury Trial set for the two-week period beginning on 3/2/2020. Status Conference set for 12/11/2019 at 10:00 AM. Signed by Judge Darrin P. Gayles (hs01)
September 17, 2018 Filing 114 Joint MOTION to Modify Scheduling Order by Braman Motors, Inc., Palm Beach Imports, Inc.. Attorney Stephanie Anne Casey added to party Braman Motors, Inc.(pty:pla), Attorney Stephanie Anne Casey added to party Palm Beach Imports, Inc.(pty:pla). (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Casey, Stephanie)
September 17, 2018 Filing 113 TRANSCRIPT of Hearing held on 9/5/2018 before Magistrate Judge Alicia M. Otazo-Reyes, 1-40 pages, Court Reporter: Other, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2018. Redacted Transcript Deadline set for 10/18/2018. Release of Transcript Restriction set for 12/17/2018. (apz)
September 5, 2018 Opinion or Order Filing 112 ORDER granting in part and denying in part #104 MOTION to Compel. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/5/2018. See attached document for full details. (kmh)
September 5, 2018 Filing 111 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 9/5/2018 re #104 MOTION to Compel Production of documents from Defendant BMW of North America LLC filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Total time in court: 55 minutes. Order to Follow. Attorney Appearance(s): Russell P. McRory, Stephanie Casey, David Seymour Leibowitz, John R. Skelton, Mitchell Schermer. (Digital 13:00:31) (ra)
August 30, 2018 Filing 109 RESPONSE in Opposition re #104 MOTION to Compel Production of documents from Defendant BMW of North America LLC filed by BMW of North America, LLC. Replies due by 9/6/2018. (Attachments: #1 Affidavit Eggers Declaration in Support, #2 Affidavit Nash Declaration in Support, #3 Affidavit Lewis Declaration in Support, #4 Affidavit Genicoff Declaration in Support)(Baumberger, Peter)
August 30, 2018 SYSTEM ENTRY - Docket Entry 110 [misc] restricted/sealed until further notice. (849902)
August 27, 2018 Opinion or Order Filing 108 PAPERLESS ORDER granting #103 Motion to Withdraw as Attorney. Lindsey Lazopoulos Friedman withdrawn from case. Signed by Judge Darrin P. Gayles (hs01)
August 27, 2018 Opinion or Order Filing 107 PAPERLESS ORDER granting #106 Defendant's MOTION to Seal. Defendant may file its exhibits to its response in opposition to #104 Plaintiff's Motion to Compel under seal. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/27/2018. (kmh)
August 27, 2018 Filing 106 Defendant's MOTION to Seal Exhibits and Incorporated Memorandum of Law per Local Rule 5.4 by BMW of North America, LLC. (Baumberger, Peter)
August 27, 2018 Opinion or Order Filing 105 PAPERLESS ORDER Setting Hearing on #104 MOTION to Compel for 9/5/2018 at 1:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/27/2018. (kmh)
August 20, 2018 Filing 104 MOTION to Compel Production of documents from Defendant BMW of North America LLC by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 9/4/2018 (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Text of Proposed Order)(Martinez, Roberto)
August 15, 2018 Filing 103 MOTION to Withdraw as Attorney by Lindsey Lazopoulos Friedman for / by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 8/29/2018 (Friedman, Lindsey)
August 9, 2018 Opinion or Order Filing 102 PAPERLESS ORDER Cancelling Follow-Up Discovery Hearing in light of #101 NOTICE OF CANCELLATION OF HEARING. Initial briefs due within 10 days from the date of this Order. Response briefs due 10 days thereafter. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/9/2018. (kmh)
August 9, 2018 Opinion or Order Filing 101 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #91 ORDER re #78 NOTICE of Hearing, #89 NOTICE of Hearing; setting Follow-Up Discovery Hearing for 8/10/2018 at 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/11/2018. See attached document for full details. (kmh) (Friedman, Lindsey)
August 3, 2018 Filing 100 TRANSCRIPT of Proceedings held on 7/11/2018 before Magistrate Judge Alicia M. Otazo-Reyes, 1-57 pages, Court Reporter: Other, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/1/2018. (apz)
August 1, 2018 Opinion or Order Filing 99 STIPULATED PROTECTIVE ORDER FOR DISCOVERY. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/1/2018. See attached document for full details. (kmh)
August 1, 2018 Filing 98 Agreed MOTION for Protective Order by Braman Motors, Inc., Palm Beach Imports, Inc.. (Attachments: #1 Exhibit Stipulated Protective Order for Discovery)(Friedman, Lindsey)
July 17, 2018 Opinion or Order Filing 97 PAPERLESS ORDER denying as moot #79 BMW Manufacturing, LLC's Motion to Dismiss. Signed by Judge Darrin P. Gayles (hs01)
July 17, 2018 Opinion or Order Filing 96 PAPERLESS Order Dismissing Party BMW Manufacturing Co., LLC, pursuant to the Notice of Voluntary Dismissal without prejudice. Signed by Judge Darrin P. Gayles (hs01)
July 16, 2018 Filing 95 NOTICE of Voluntary Dismissal Without Prejudice by Braman Motors, Inc., Palm Beach Imports, Inc. (Friedman, Lindsey)
July 16, 2018 Filing 94 RESPONSE to Motion re #79 MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint Pursuant to Rules 12(b)(2) and 12(b)(6) and Memorandum of Law in Support filed by Braman Motors, Inc., Palm Beach Imports, Inc.. Replies due by 7/23/2018. (Friedman, Lindsey)
July 13, 2018 Opinion or Order Filing 93 PAPERLESS ORDER granting #90 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Brandon L. Bigelow may appear and participate in this action on behalf of Defendant, BMW of North America, LLC. The Clerk shall provide electronic notification of all electronic filings to Mr. Bigelow at bbigelow@seyfarth.com. Signed by Judge Darrin P. Gayles (hs01)
July 11, 2018 Filing 92 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 7/11/2018. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Roberto Martinez, Lindsey Lazopoulos Friedman and Russell P. McRory appeared on behalf of the Plaintiff; John R. Skelton and Michael Suarez appeared on behalf of the Defendant. Order entered D.E. #91 . (Digital 11:04:20) (sl)
July 11, 2018 Opinion or Order Filing 91 ORDER re #78 NOTICE of Hearing, #89 NOTICE of Hearing; setting Follow-Up Discovery Hearing for 8/10/2018 at 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/11/2018. See attached document for full details. (kmh)
July 3, 2018 Filing 90 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brandon L. Bigelow. Filing Fee $ 75.00 Receipt # 113C-10788307 by BMW of North America, LLC. Responses due by 7/17/2018 (Attachments: #1 Exhibit Certificate, #2 Exhibit Certification, #3 Text of Proposed Order Proposed Order)(Baumberger, Peter)
June 29, 2018 Filing 89 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/11/2018 11:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Baumberger, Peter)
June 23, 2018 Set/Reset Deadlines/Hearings as per DE 88 re #79 MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint Pursuant to Rules 12(b)(2) and 12(b)(6) and Memorandum of Law in Support. Responses due by 7/16/2018. Replies due by 7/30/2018. (lk)
June 23, 2018 Opinion or Order Filing 88 ENDORSED ORDER granting #86 Motion for Extension of Time. Plaintiffs are permitted to file a Response to the pending Motion to Dismiss on or before July 16, 2018, and BMW Manufacturing is permitted to file a Reply to the Response on or before July 30, 2018. Signed by Judge Darrin P. Gayles (hs01)
June 22, 2018 Filing 87 Clerks Notice to Filer re #86 Joint MOTION for Extension of Time of Briefing Schedule re #79 MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint (BMW MANUFACTURING CO., LL. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
June 22, 2018 Filing 86 Joint Motion for Extension of Time to File Response/Reply/Answer as to #79 MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint of Briefing Schedule by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 7/6/2018 (Attachments: #1 Text of Proposed Order)(Friedman, Lindsey) Modified Relief on 6/22/2018 (ls).
June 22, 2018 Opinion or Order Filing 85 ENDORSED ORDER granting #82 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Nathaniel P. Bruhn, Esquire may appear and participate in this action on behalf of BMW Manufacturing Co., LLC. The Clerk shall provide electronic notificationof all electronic filings to Nathaniel P. Bruhn, at nathaniel.bruhn@morganlewis.com. Signed by Judge Darrin P. Gayles (hs01)
June 22, 2018 Opinion or Order Filing 84 ENDORSED ORDER granting #81 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Daniel S. Savrin, Esquire may appear and participate in this action on behalf of BMW Manufacturing Co., LLC. The Clerk shall provide electronic notificationof all electronic filings to Daniel S. Savrin, at daniel.savgin@morganlewis.com. Signed by Judge Darrin P. Gayles (hs01)
June 22, 2018 Opinion or Order Filing 83 ENDORSED ORDER granting #80 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Daniel L. Goldberg, Esquire may appear and participate in this action on behalf of BMW Manufacturing Co., LLC. The Clerk shall provide electronic notificationof all electronic filings to Daniel L. Goldberg, at daniel.goldberg@morganlewis.com. Signed by Judge Darrin P. Gayles (hs01)
June 22, 2018 Filing 82 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nathaniel P. Bruhn. Pay.gov Agency Tracking ID 113C-10757180. Filing Fee $ 75.00 by BMW Manufacturing Co., LLC. Responses due by 7/6/2018 (Attachments: #1 Certification Good Standing Certificate, #2 Certification 4(b) Certificate, #3 Text of Proposed Order)(Brochin, Robert)
June 22, 2018 Filing 81 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel S. Savrin. Filing Fee $ 75.00 Receipt # 113C-10757118 by BMW Manufacturing Co., LLC. Responses due by 7/6/2018 (Attachments: #1 Certification MA Certificate of Good Standing, #2 Certification NY Certificate of Good Standing, #3 Certification 4(b) Certification, #4 Text of Proposed Order)(Brochin, Robert)
June 22, 2018 Filing 80 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel L. Goldberg. Filing Fee $ 75.00 Receipt # 113C-10757046 by BMW Manufacturing Co., LLC. Responses due by 7/6/2018 (Attachments: #1 Certification Good Standing Certificate, #2 Certification 4(b) Certification, #3 Text of Proposed Order)(Brochin, Robert)
June 18, 2018 Filing 79 MOTION TO DISMISS #54 Amended Complaint FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #54 Amended Complaint Pursuant to Rules 12(b)(2) and 12(b)(6) and Memorandum of Law in Support ( Responses due by 7/2/2018) by BMW Manufacturing Co., LLC. (Attachments: #1 Declaration of Stefan Diregger)(Brochin, Robert)
June 15, 2018 Filing 78 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/11/2018 11:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Attachments: #1 Exhibit BMW NA's Amended Responses to RFP, #2 Exhibit BMW's Letter to McGrath re RFP Responses) (Friedman, Lindsey)
June 1, 2018 Filing 77 ANSWER to Counterclaim by Braman Motors, Inc.. (Friedman, Lindsey)
May 16, 2018 Set/Reset Answer Due Deadline as per DE 76 : BMW Manufacturing Co., LLC response due 6/18/2018. (lk)
May 16, 2018 Opinion or Order Filing 76 ENDORSED ORDER granting #75 Defendant BMW Manufacturing Co., LLC's Agreed Motion for an Extension of Time to Answer or Otherwise Respond to Plaintiffs' Second Amended Complaint. Defendant BMW Manufacturing shall respond to the Second Amended Complaint on or before June 18, 2018. Signed by Judge Darrin P. Gayles (hs01)
May 15, 2018 Filing 75 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #54 Amended Complaint (Defendant BMW Manufacturing Co., LLC's Agreed Motion for an Extension of Time to Answer or Otherwise Respond to Plaintiffs' Second Amended Complaint) by BMW Manufacturing Co., LLC. Attorney Robert Mark Brochin added to party BMW Manufacturing Co., LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
May 14, 2018 Filing 74 Clerks Notice to Filer re #70 Certificate of Service,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#73]. It is not necessary to refile this document. (lk)
May 14, 2018 Filing 72 Clerks Notice to Filer re #69 Certificate of Service,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#71]. It is not necessary to refile this document. (lk)
May 11, 2018 Filing 73 SUMMONS (Affidavit) Returned Executed on #54 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Terry L. Rhode, Palm Beach Imports, Inc., Braman Motors, Inc. See image at DE #70 . (lk)
May 11, 2018 Filing 71 SUMMONS (Affidavit) Returned Executed on #54 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Terry L. Rhode, Palm Beach Imports, Inc., Braman Motors, Inc.. BMW Manufacturing Co., LLC served on 5/4/2018, answer due 5/18/2018. See image at DE #69 (lk)
May 11, 2018 Filing 70 CERTIFICATE OF SERVICE by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc., Terry L. Rhode re #54 Amended Complaint, #63 Summons Issued BMW Manufacturing Co., LLC South Carolina (Gallaer, Charles)
May 11, 2018 Filing 69 CERTIFICATE OF SERVICE by Braman Motors, Inc.(for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and), Palm Beach Imports, Inc., Terry L. Rhode re #54 Amended Complaint, #63 Summons Issued to BMW Manufacturing Co., LLC Delaware (Gallaer, Charles)
May 11, 2018 Filing 68 Defendants' ANSWER and Affirmative Defenses to Amended Complaint Second, COUNTERCLAIM against Braman Motors, Inc. by BMW of North America, LLC. (Baumberger, Peter)
May 10, 2018 Opinion or Order Filing 67 PAPERLESS ORDER Cancelling Discovery Hearing set for 5/21/2018 at 2:00 PM in light of #66 NOTICE OF CANCELLATION OF HEARING. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/10/2018. (kmh)
May 9, 2018 Filing 66 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #50 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/21/2018 02:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Baumberger, Peter) Modified hearing start time based upon attached.pdf on 4/16/2018 (wc). (Baumberger, Peter)
May 3, 2018 Set/Reset Answer Due Deadline as per DE 65 : BMW of North America, LLC response due 5/11/2018. (lk)
May 2, 2018 Opinion or Order Filing 65 ENDORSED ORDER granting #64 Motion for Extension of Time. BMW NA shall respond to the Second Amended Complaint on or before May 11, 2018. Signed by Judge Darrin P. Gayles (hs01)
May 2, 2018 Filing 64 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #54 Amended Complaint by BMW of North America, LLC. (Baumberger, Peter)
May 2, 2018 Filing 63 Summons Issued as to BMW Manufacturing Co., LLC. (lk)
May 2, 2018 Filing 62 Summons Issued as to Bayerische Motoren Werke Aktiengesellschaft, (lk)
May 1, 2018 Filing 61 NOTICE of Filing Proposed Summons(es) BMW Manufacturing Co., LLC by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode re #54 Amended Complaint filed by Braman Motors, Inc., Terry L. Rhode, Palm Beach Imports, Inc. (Friedman, Lindsey)
May 1, 2018 Filing 60 NOTICE of Filing Proposed Summons(es) Bayerische Motoren Werke Aktiengesellschaft by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode re #54 Amended Complaint filed by Braman Motors, Inc., Terry L. Rhode, Palm Beach Imports, Inc. (Friedman, Lindsey)
May 1, 2018 Filing 59 Notice of Entry of Parties Listed on #54 Amended Complaint into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Bayerische Motoren Werke Aktiengesellschaft and BMW Manufacturing Co., LLC. (Friedman, Lindsey)
May 1, 2018 Filing 58 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued DE #55 and #56 for the following reason parties on second amended complaint DE #54 need to be added to the case. (lbc)
April 30, 2018 Filing 57 Clerks Notice to Filer re #54 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (lbc)
April 27, 2018 Filing 56 NOTICE of Filing Proposed Summons(es) BMW Manufacturing by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode re #55 Notice of Filing Proposed Summons(es) filed by Braman Motors, Inc., Terry L. Rhode, Palm Beach Imports, Inc. (Martinez, Roberto)
April 27, 2018 Filing 55 NOTICE of Filing Proposed Summons(es) BMW AG by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode re #54 Amended Complaint filed by Braman Motors, Inc., Terry L. Rhode, Palm Beach Imports, Inc. (Martinez, Roberto)
April 19, 2018 Filing 54 Second AMENDED COMPLAINT against BMW of North America, LLC filed in response to Order Granting Motion for Leave, filed by Braman Motors, Inc., Terry L. Rhode, Palm Beach Imports, Inc..(Martinez, Roberto)
April 16, 2018 Filing 53 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01)
April 16, 2018 Opinion or Order Filing 52 ENDORSED ORDER granting #40 Plaintiffs' Motion for Leave to File Second Amended Complaint to Add Additional Parties and Counts. Defendants may raise jurisdictional and other defenses in their responses to the Second Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles (hs01)
April 13, 2018 Filing 51 Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by BMW of North America, LLC (Baumberger, Peter)
April 13, 2018 Filing 50 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/21/2018 02:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Baumberger, Peter) Modified hearing start time based upon attached .pdf on 4/16/2018 (wc).
April 3, 2018 Filing 49 Sur-Reply to Plaintiffs' Reply to BMW NA Opposition to Motion for Leave by BMW of North America, LLC. (Baumberger, Peter)
April 3, 2018 Opinion or Order Filing 48 ENDORSED ORDER granting #46 Motion for Leave to File Sur-Reply. Signed by Judge Darrin P. Gayles (hs01)
March 19, 2018 Filing 47 REPLY to Response to Motion re #46 Agreed MOTION for Leave to File Sur-Reply filed by BMW of North America, LLC. (Baumberger, Peter)
March 19, 2018 Filing 46 Agreed MOTION for Leave to File Sur-Reply by BMW of North America, LLC. (Attachments: #1 Exhibit Sur-Reply)(Baumberger, Peter)
March 12, 2018 Filing 45 REPLY to Response to Motion re #40 First MOTION to Amend/Correct and for Leave to File Second Amended Complaint filed by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. (Friedman, Lindsey)
March 1, 2018 Set/Reset Deadlines/Hearings as to #40 First MOTION to Amend/Correct and for Leave to File Second Amended Complaint. Replies due by 3/12/2018. (lk)
March 1, 2018 Opinion or Order Filing 44 ENDORSED ORDER granting Plaintiffs' Unopposed Motion for Enlargement of Time to File Reply and Enlargement of Pages, consistent with Federal Rule of Civil Procedure 6(b) [ECF No. 42]. Plaintiffs are permitted to file a Reply with an additional five (5) pages of briefing, on or before March 12, 2018. Signed by Judge Darrin P. Gayles (hs01)
February 28, 2018 Filing 43 Clerks Notice to Filer re #42 First MOTION for Extension of Time to serve reply to response to motion for leave to amend and brief enlargement of pages . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
February 27, 2018 Filing 42 First Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #40 First MOTION to Amend/Correct and for Leave to File Second Amended Complaint by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 3/13/2018 (Attachments: #1 Text of Proposed Order)(Friedman, Lindsey) Modified Relief on 2/28/2018 (ls). Added MOTION for Leave to File Excess Pages on 2/28/2018 (ls).
February 23, 2018 Filing 41 RESPONSE in Opposition re #40 First MOTION to Amend/Correct and for Leave to File Second Amended Complaint filed by BMW of North America, LLC. Replies due by 3/2/2018. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration)(Baumberger, Peter)
February 9, 2018 Filing 40 First MOTION to Amend/Correct and for Leave to File Second Amended Complaint by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 2/23/2018 (Attachments: #1 Exhibit Second Amended Complaint, #2 Text of Proposed Order Proposed Order)(Friedman, Lindsey)
January 30, 2018 Opinion or Order Filing 39 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/8/2019.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Amended Pleadings due by 2/16/2018., Expert Discovery due by 1/10/2019., Fact Discovery due by 10/9/2018., Joinder of Parties due by 2/16/2018., Dispositive Motions due by 2/8/2019., In Limine Motions due by 4/10/2019., Motions due by 4/10/2019., Joint Pretrial Stipulation due by 5/10/2019., Calendar Call set for 6/5/2019 09:30 AM in Miami Division before Judge Darrin P. Gayles., Jury Trial set for 6/10/2019 in Miami Division before Judge Darrin P. Gayles., Status Conference set for 4/3/2019 10:00 AM in Miami Division before Judge Darrin P. Gayles.) Signed by Judge Darrin P. Gayles on 1/30/2018. (lk)
January 12, 2018 Filing 38 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Palm Beach Imports, Inc. (Friedman, Lindsey)
January 12, 2018 Filing 37 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Braman Motors, Inc. (Friedman, Lindsey)
January 12, 2018 Filing 36 SCHEDULING REPORT - Rule 26(f) by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode (Attachments: #1 Exhibit Proposed Scheduling Order Setting Civil Trial Date and Pretrial Schedule)(Friedman, Lindsey)
January 12, 2018 Filing 35 Certificate of Interested Parties/Corporate Disclosure Statement by BMW of North America, LLC identifying Other Affiliate BMW (US) Holding Corp., Other Affiliate Bayerische Motoren Werke Aktiengesellschaft for BMW of North America, LLC, BMW of North America, LLC (Baumberger, Peter)
December 27, 2017 Opinion or Order Filing 34 ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before January 12, 2018, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (hs01)
December 22, 2017 Filing 33 Plaintiffs' ANSWER to Counterclaim by Braman Motors, Inc., Palm Beach Imports, Inc.. (Friedman, Lindsey)
December 1, 2017 Filing 32 Initial Disclosure(s) of Corporate Disclosure by BMW of North America, LLC (Baumberger, Peter)
December 1, 2017 Filing 31 ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Braman Motors, Inc. by BMW of North America, LLC. (Baumberger, Peter)
November 7, 2017 Opinion or Order Filing 30 ENDORSED ORDER granting #29 Motion for Extension of Time. Defendant shall respond to the Amended Complaint on or before December 1, 2017. Signed by Judge Darrin P. Gayles (hs01)
November 7, 2017 Filing 29 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by BMW of North America, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Baumberger, Peter)
November 2, 2017 Opinion or Order Filing 28 ENDORSED ORDER granting #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Michael P. McMahan is permitted to appear before the Court on behalf of Plaintiffs for all purposes related to this action. The Clerk is directed to provide notice of electronic filings to Mr. McMahan at McMahan@arentfox.com. Signed by Judge Darrin P. Gayles (hs01)
November 1, 2017 Filing 27 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael P. McMahan. Pay.gov Agency Tracking ID 113C-10128128. Filing Fee $ 75.00 by Braman Motors, Inc., Palm Beach Imports, Inc.. Responses due by 11/15/2017 (Attachments: #1 Exhibit)(Gallaer, Charles)
October 31, 2017 Opinion or Order Filing 26 ENDORSED ORDER denying without prejudice #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Michael P. McMahan. The motion appears to be missing pages. Signed by Judge Darrin P. Gayles (hs01)
October 31, 2017 Opinion or Order Filing 25 ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Russell P. McRory is permitted to appear before this Court on behalf of Plaintiffs for all purposes related to this action. The Clerk is directed to provide notice of electronic filing to Mr. McRory at Russell.McRory@arentfox.com. Signed by Judge Darrin P. Gayles (hs01)
October 31, 2017 Opinion or Order Filing 24 ENDORSED ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. David Wynn is permitted to appear before this Court on behalf of Plaintiffs for all purposes related to this action. The Clerk is directed to provide notice of electronic filing to Mr. Wynn at David.Wynn@arentfox.com. Signed by Judge Darrin P. Gayles (hs01)
October 21, 2017 Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles Gallaer on behalf of Russell McRory. Filing Fee $ 75.00 Receipt # 113C-10128129 by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 11/6/2017 (Attachments: #1 Certification Certificate of Good Standing)(Gallaer, Charles)
October 21, 2017 Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles Gallaer on behalf of Michael McMahan. Filing Fee $ 75.00 Receipt # 113C-10128128 by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 11/6/2017 (Attachments: #1 Certification Certificate of Good Standing)(Gallaer, Charles)
October 20, 2017 Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles Gallaer for David Wynn. Filing Fee $ 75.00 Receipt # 113C-10127036 by Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Responses due by 11/3/2017 (Attachments: #1 Certification Certificate of Good Standing)(Gallaer, Charles)
October 20, 2017 Opinion or Order Filing 20 ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. John R. Skelton is permitted to appear before this Court on behalf of Defendant BMW of North America, LLC for all purposes related to this action. The Clerk is directed to provide notice of electronic filing to Mr. Skelton at jskelton@seyfarth.com. Signed by Judge Darrin P. Gayles (hs01)
October 20, 2017 Opinion or Order Filing 19 ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. James C. McGrath is permitted to appear before this Court on behalf of Defendant BMW of North America, LLC for all purposes related to this action. The Clerk is directed to provide notice of electronic filing to Mr. McGrath at jskelton@seyfarth.com. Signed by Judge Darrin P. Gayles (hs01)
October 20, 2017 Opinion or Order Filing 18 ENDORSED ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Alison Eggers is permitted to appear before this Court on behalf of Defendant BMW of North America, LLC for all purposes related to this action. The Clerk is directed to provide notice of electronic filing to Ms. Eggers at aeggers@seyfarth.com. Signed by Judge Darrin P. Gayles (hs01)
October 20, 2017 Opinion or Order Filing 17 ENDORSED ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. William N. Berkowitz is permitted to appear before this Court on behalf of Defendant BMW of North America, LLC for all purposes related to this action. The Clerk is directed to provide notice of electronic filing to Mr. Berkowitz at wberkowitz@seyfarth.com. Signed by Judge Darrin P. Gayles (hs01)
October 20, 2017 Filing 16 AMENDED COMPLAINT against BMW of North America, LLC, filed by Braman Motors, Inc., Palm Beach Imports, Inc..(Martinez, Roberto)
October 17, 2017 Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Skelton. Filing Fee $ 75.00 Receipt # 113C-10116189 by BMW of North America, LLC. Responses due by 10/31/2017 (Attachments: #1 Certification Good Standing, #2 Certification 4(b) Certification, #3 Text of Proposed Order Order)(Baumberger, Peter)
October 17, 2017 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James McGrath. Filing Fee $ 75.00 Receipt # 113C-10116162 by BMW of North America, LLC. Responses due by 10/31/2017 (Attachments: #1 Certification Good Standing, #2 Certification 4)b) Ceritification, #3 Text of Proposed Order Order)(Baumberger, Peter)
October 17, 2017 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alison Eggers. Filing Fee $ 75.00 Receipt # 113C-10116108 by BMW of North America, LLC. Responses due by 10/31/2017 (Attachments: #1 Certification Good Standing, #2 Certification 4(b) Certification, #3 Text of Proposed Order Order)(Baumberger, Peter)
October 17, 2017 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William N. Berkowitz. Filing Fee $ 75.00 Receipt # 113C-10115924 by BMW of North America, LLC. Responses due by 10/31/2017 (Attachments: #1 Certification Good standing, #2 Certification 4(b) Certification, #3 Text of Proposed Order Order)(Baumberger, Peter)
September 29, 2017 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time. Defendant shall respond to the Complaint on or before November 20, 2017. Signed by Judge Darrin P. Gayles (hs01)
September 29, 2017 Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by BMW of North America, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Baumberger, Peter)
September 29, 2017 Filing 9 NOTICE of Attorney Appearance by Peter Scott Baumberger on behalf of BMW of North America, LLC. Attorney Peter Scott Baumberger added to party BMW of North America, LLC(pty:dft). (Baumberger, Peter)
September 25, 2017 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Braman Motors, Inc., Terry L. Rhode, Palm Beach Imports, Inc.. BMW of North America, LLC served on 9/21/2017, answer due 10/12/2017. (Friedman, Lindsey)
September 25, 2017 Filing 7 NOTICE of Attorney Appearance by David Seymour Leibowitz on behalf of Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Attorney David Seymour Leibowitz added to party Braman Motors, Inc.(pty:pla), Attorney David Seymour Leibowitz added to party Palm Beach Imports, Inc.(pty:pla), Attorney David Seymour Leibowitz added to party Terry L. Rhode(pty:pla). (Leibowitz, David)
September 7, 2017 Filing 6 NOTICE of Attorney Appearance by Charles Andrew Gallaer on behalf of Braman Motors, Inc., Palm Beach Imports, Inc., Terry L. Rhode. Attorney Charles Andrew Gallaer added to party Braman Motors, Inc.(pty:pla), Attorney Charles Andrew Gallaer added to party Palm Beach Imports, Inc.(pty:pla), Attorney Charles Andrew Gallaer added to party Terry L. Rhode(pty:pla). (Gallaer, Charles)
September 6, 2017 Filing 5 Summons Issued as to BMW of North America, LLC. (ail)
September 6, 2017 Filing 4 Clerks Notice to Filer re: Electronic Case. Alias Not Properly Added. The Filer failed to properly add the alias information for the parties. The corrections were made. It is not necessary to re-file this document. (ail)
September 6, 2017 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (ail)
September 6, 2017 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail)
September 6, 2017 Filing 1 COMPLAINT against BMW of North America, LLC. Filing fees $ 400.00 receipt number 113C-10026286, filed by Braman Motors, Inc., d/b/a Braman BMW, for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, Terry L. Rhodes, in her official capacity as the Executive Director of the Department of Highway Safety and Motor Vehicles of the State of Florida, and for the use and benefit of Braman Motors, Inc. a, Palm Beach Imports, Inc., d/b/a Braman Motorcars, for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Martinez, Roberto)

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 Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Braman Motors, Inc. et al v. BMW of North America, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Braman Motors, Inc.
Represented By: Lindsey Lazopoulos Friedman
Represented By: Roberto Martinez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Palm Beach Imports, Inc.
Represented By: Lindsey Lazopoulos Friedman
Represented By: Roberto Martinez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Terry L. Rhode
Represented By: Charles Andrew Gallaer
Represented By: David Wynn
Represented By: Lindsey Lazopoulos Friedman
Represented By: Michael P. McMahan
Represented By: Russell P. McRory
Represented By: Daisy Sexton
Represented By: David Seymour Leibowitz
Represented By: Stephanie Anne Casey
Represented By: Taniel E. Anderson
Represented By: Roberto Martinez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Palm Beach Imports, Inc. for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit doing business as Braman Motorcars
Represented By: Charles Andrew Gallaer
Represented By: David Wynn
Represented By: Lindsey Lazopoulos Friedman
Represented By: Michael P. McMahan
Represented By: Russell P. McRory
Represented By: Brian Jay Shack
Represented By: Curtis Bradley Miner
Represented By: Daisy Sexton
Represented By: David Seymour Leibowitz
Represented By: Stephanie Anne Casey
Represented By: Taniel E. Anderson
Represented By: Roberto Martinez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Braman Motors, Inc. for itself and in the name of the Department of Highway Safety and Motor Vehicles of the State of Florida, for its use and benefit, and doing business as Braman BMW
Represented By: Roberto Martinez
Represented By: Lindsey Lazopoulos Friedman
Represented By: Charles Andrew Gallaer
Represented By: David Wynn
Represented By: Michael P. McMahan
Represented By: Russell P. McRory
Represented By: Brian Jay Shack
Represented By: Curtis Bradley Miner
Represented By: Daisy Sexton
Represented By: David Seymour Leibowitz
Represented By: Stephanie Anne Casey
Represented By: Taniel E. Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BMW of North America, LLC
Represented By: Alison Eggers
Represented By: James C. McGrath
Represented By: John R. Skelton
Represented By: Michael F Suarez
Represented By: Peter Scott Baumberger
Represented By: William N. Berkowitz
Represented By: Brandon L. Bigelow
Represented By: Eric J. Walz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bayerische Motoren Werke Aktiengesellschaft
Represented By: Clay Matthew Carlton
Represented By: Peter Scott Baumberger
Represented By: Robert Mark Brochin
Represented By: Brandon L. Bigelow
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BMW Manufacturing Co., LLC
Represented By: Peter Scott Baumberger
Represented By: Robert Mark Brochin
Represented By: Brandon L. Bigelow
Represented By: Daniel L. Goldberg
Represented By: Daniel S. Savrin
Represented By: Nathaniel P. Bruhn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Collection, LLC d/b/a The Collection Audi
Represented By: Jesse Dean-Kluger
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?