Xu et al v. Porsche Cars North America, Inc.
| Daniel Vaz-Pocas and Michael Xu |
| Porsche Cars North America, Inc. |
| 1:2020cv00510 |
| February 3, 2020 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Motor Vehicle Prod. Liability |
| 15 U.S.C. § 2301 |
| Both |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 52 CERTIFICATE OF SERVICE of First Set of of Discovery on Plaintiffs by Porsche Cars North America, Inc..(Krasinski, Brendan) |
Filing 51
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI)
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| Filing 50 NOTICE by Daniel Vaz-Pocas, Michael Xu of Withdrawal of Counsel (Aleksandr J. Yarmolinets) (Worley, David) |
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Filing 49
Stipulated Protective and Confidentiality Order. Signed by Judge Amy Totenberg on 3/1/21. (rlb)
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| Filing 48 Consent MOTION for Protective Order by Porsche Cars North America, Inc.. (Attachments: #1 Exhibit Stipulated Proposed Protective & Confidentiality Order)(Campbell, Christopher) |
| Filing 47 CERTIFICATE OF SERVICE of Response to Plaintiff's First Set of Requests for Production of Documents and First Set of Interrogatories by Porsche Cars North America, Inc..(Krasinski, Brendan) |
| Filing 46 CERTIFICATE OF SERVICE for Initial Disclosures by Daniel Vaz-Pocas, Michael Xu.(Worley, David) |
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Filing 45
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (mmc) (ADI)
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| Filing 44 CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Porsche Cars North America, Inc..(Krasinski, Brendan) |
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Filing 43
SCHEDULING ORDER: re: #42 Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 1/25/2021. (rjs)
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| Submission of #42 Joint Preliminary Report and Discovery Plan, to District Judge Amy Totenberg. (rlb) |
| Filing 42 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Porsche Cars North America, Inc.. (Campbell, Christopher) |
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Filing 41
ORDER: The Parties are ORDERED to file their Joint Preliminary Report and Discovery Plan (JPRDP) pursuant to Local Rule 16.2 NO LATER THAN JANUARY 26, 2021. The Clerk is DIRECTED to resubmit the matter to the undersigned on January 27, 2021 if no JPRDP is filed. Signed by Judge Amy Totenberg on 1/12/21. (rlb)
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ORDER, by docket entry only, granting #40 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 12/29/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #40 APPLICATION for Admission of Anika Brunson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10536480).. Attorney Anika Brunson added appearing on behalf of Porsche Cars North America, Inc. (nmb) |
| Filing 40 APPLICATION for Admission of Anika Brunson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10536480). with Brief In Support by Porsche Cars North America, Inc.. (Campbell, Christopher) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 39 ANSWER to #1 COMPLAINT with Jury Demand by Porsche Cars North America, Inc.. Discovery ends on 5/13/2021. (Attachments: #1 Exhibit Exhibit A)(Campbell, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 38 MOTION to Withdraw Delia Gervin Frazier as Attorneyby Porsche Cars North America, Inc.. (Frazier, Delia) |
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ORDER, by docket entry only, granting #38 Motion to Withdraw as Attorney. Attorney Delia Gervin Frazier terminated. By Judge Amy Totenberg on 12/10/20. (hfm)
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Filing 37
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (mmc) (ADI)
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| Filing 36 NOTICE of Appearance by James M. Evangelista on behalf of Daniel Vaz-Pocas, Michael Xu (Evangelista, James) |
| Filing 35 NOTICE of Appearance by Kristi Stahnke McGregor on behalf of Daniel Vaz-Pocas, Michael Xu (McGregor, Kristi) |
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Filing 34
ORDER granting in part and denying in part #12 Motion to Dismiss for Failure to State a Claim. Porsches motion is GRANTED as to Plaintiff Vaz-Pocass claim for violation of New Jerseys Consumer Fraud Act and claim of Unjust Enrichment under New Jersey Law. The motion is DENIED as to all other claims. In largely denying the Defendants motion to dismiss, the Court has consistently construed the Complaint allegations in Plaintiffs favor and as true, as well as in accord with applicable state and federal law. However, the Court notes that many of the threshold issues raised by Defendants motion, including as to statutes of limitations and tolling, entail factually intensive matters that may ultimately, with the introduction of evidence at summary judgment, cut off Plaintiffs claims at the pass. Signed by Judge Amy Totenberg on 11/30/20. (hfm)
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Filing 33
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (aaq) (ADI)
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Filing 32
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (adg) (ADI)
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| Filing 31 RESPONSE re #29 Notice (Other), filed by Daniel Vaz-Pocas, Michael Xu. (Worley, David) |
| Filing 30 NOTICE of Withdrawal of Delia Frazier as Counsel by Porsche Cars North America, Inc. (Frazier, Delia) Modified on 8/12/2020 to edit event text(bnp). |
| Filing 29 NOTICE of Supplemental Authority by Porsche Cars North America, Inc. re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Exhibit A Floyd v. American Honda Motor Co Inc.)(Campbell, Christopher) Modified on 8/10/2020 to edit text (bnp). |
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Filing 28
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (ddm) (ADI)
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Filing 27
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (aaq) (ADI)
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Filing 26
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (dgs) (ADI)
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Filing 25
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (aaq) (ADI)
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Filing 24
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI)
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| Filing 23 RESPONSE re #21 Notice (Other) filed by Daniel Vaz-Pocas, Michael Xu. (Worley, David) |
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Filing 22
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI)
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| Filing 21 NOTICE of Supplemental Authority by Porsche Cars North America, Inc. re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Exhibit A)(Campbell, Christopher) Modified on 3/30/2020 to edit text(bnp). |
| Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Amy Totenberg. (bnp) |
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Filing 20
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (bnp)
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| Filing 19 REPLY BRIEF in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Porsche Cars North America, Inc.. (Frazier, Delia) Modified on 3/23/2020 to edit event text (bnp). |
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Filing 18
ORDER AND NOTICE FOR ALL CIVIL CASES ASSIGNED TO DOCKET OF JUDGE TOTENBERG. Signed by Judge Amy Totenberg on 3/17/2020. (rjs)
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Filing 17
ORDER granting #16 Joint Motion to Stay Preliminary Discovery. All discovery deadlines imposed under the Federal Rules of Civil Procedure, this Court's Local Rules, and the Court's Standing Order Regarding Civil Litigation are stayed pending the Court's ruling on PCNA's Motion to Dismiss. If the Court denies PCNA's Motion to Dismiss as to any of Plaintiffs' claims, the Parties agree to hold a Fed. R. Civ. P. 26(f) conference within sixteen (16) days from the date of this Court's order. Signed by Judge Amy Totenberg on 3/17/2020. (bnp)
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| Filing 16 Joint MOTION to Stay Preliminary Discovery by Porsche Cars North America, Inc.. (Attachments: #1 Text of Proposed Order)(Campbell, Christopher) |
| Submission of #16 Joint MOTION to Stay Preliminary Discovery to District Judge Amy Totenberg. (bnp) |
| Filing 15 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Xu and Daniel Vaz-Pocas. (Worley, David) Modified on 3/11/2020 to add filer (bnp). |
| Filing 14 Joint Statement Regarding Local Rule 23.1 by Michael Xu (Worley, David) Modified on 3/11/2020 to edit text (bnp). |
| Filing 13 Certificate of Interested Persons and Corporate Disclosure Statement by Porsche Cars North America, Inc. identifying Corporate Parent Dr. Ing. H.C. F. Porsche AG, Corporate Parent Porsche Enterprises, Inc., Corporate Parent Porsche Nordamerika Holding GmbH, Corporate Parent PPF Holding AG for Porsche Cars North America, Inc.. (Campbell, Christopher) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Porsche Cars North America, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss)(Campbell, Christopher) Modified on 2/26/2020 to edit event type (bnp). |
| Filing 11 Return of Service Executed by Michael Xu. Porsche Cars North America, Inc. served on 2/5/2020, answer due 2/26/2020. (Worley, David) |
| Filing 10 First Certificate of Interested Persons by Michael Xu and Daniel Vaz-Poas. (Worley, David) Modified on 2/14/2020 to add filer (bnp). |
| APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Aleksandr J. Yarmolinets Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9349853). Attorney David James Worley added appearing on behalf of Daniel Vaz-Pocas (jkm) |
| APPROVAL by Clerks Office re: #3 APPLICATION for Admission of Timothy G. Blood Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9349823). Attorney David James Worley added appearing on behalf of Daniel Vaz-Pocas (jkm) |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Paula R. Brown Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9349873). Attorney David James Worley added appearing on behalf of Daniel Vaz-Pocas et al (jkm) |
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ORDER, by docket entry only, granting #3 , #4 , #5 , #8 , and #9 Applications for Admission Pro Hac Vice. By Judge Amy Totenberg on 2/13/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Matthew A. Goldberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9367348). Attorney Christopher G. Campbell added appearing on behalf of Porsche Cars North America, Inc. (jkm) |
| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of William F. Kiniry Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9367519). Attorney Christopher G. Campbell added appearing on behalf of Porsche Cars North America, Inc. (jkm) |
| Filing 9 APPLICATION for Admission of William F. Kiniry Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9367519).by Porsche Cars North America, Inc.. (Campbell, Christopher) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 8 APPLICATION for Admission of Matthew A. Goldberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9367348).by Porsche Cars North America, Inc.. (Campbell, Christopher) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 NOTICE of Appearance by Christopher G. Campbell, Brendan Krasinski, and Delia Frazier on behalf of Porsche Cars North America, Inc. (Campbell, Christopher) Modified on 2/12/2020 to edit text (bnp). |
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Filing 6
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 2/10/2020. (bnp)
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| Filing 5 APPLICATION for Admission of Paula R. Brown Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9349873).by Michael Xu and Daniel Vaz-Pocas. (Worley, David) Documents for this entry are not available for viewing outside the courthouse. Modified on 2/7/2020 to add filer (bnp). |
| Filing 4 APPLICATION for Admission of Aleksandr J. Yarmolinets Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9349853).by Michael Xu and Daniel Vaz-Pocas. (Worley, David) Documents for this entry are not available for viewing outside the courthouse. Modified on 2/7/2020 to add filer (bnp). |
| Filing 3 APPLICATION for Admission of Timothy G. Blood Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9349823).by Michael Xu and Daniel Vaz-Pocas. (Worley, David) Documents for this entry are not available for viewing outside the courthouse. Modified on 2/7/2020 to add filer (bnp). |
| Filing 2 Electronic Summons Issued as to Porsche Cars North America, Inc.. (kt) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Michael XU, Daniel Vaz-Pocas. (Filing fee $400, receipt number AGANDC-9332405) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(kt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 2/4/2020 to correct file date (adg). |
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