Bowen v. Porsche Cars N.A., Inc.
| Kent Bowen and Kathleen Darnell |
| Porsche Cars N.A., Inc. |
| 1:2021cv00471 |
| January 29, 2021 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Both |
Docket Report
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Filing 73
ORDER granting #71 Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Mark H. Cohen on 2/22/2023. (dob)
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| NOTICE of Hearing: Fairness Hearing set for 6/21/2023 at 10:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. See #73 order for details. (lme) |
| Submission of #71 Unopposed MOTION for Settlement for Preliminary Approval of Class Action Settlement, to District Judge Mark H. Cohen. (lme) |
| Filing 72 Request for Leave of Absence for the following date(s): February 16-17, 2023, February 20, 2023, April 3-7, 2023, June 9, 2023, June 12-16, 2023, July 28, 2023, August 21-25, 2023, August 28-30, 2023, October 5-6, 2023, October 9, 2023, October 27, 2023, November 3, 2023, by Michael A. Caplan. (Caplan, Michael) |
| Filing 71 Unopposed MOTION for Settlement for Preliminary Approval of Class Action Settlement with Brief In Support by Kent Bowen, Kathleen Darnell. (Attachments: #1 Joint Declaration of Plaintiffs' Counsel in Support of Plaintiffs' Unopposed Motion for Preliminary Approval of Class Settlement, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Waddell, Timothy) |
| Filing 70 CERTIFICATE OF SERVICE of Discovery by Porsche Cars N.A., Inc..(Dawson, Cari) |
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Filing 69
ORDER granting #68 Motion for Leave to File Excess Pages. Plaintiffs may file a brief of not more than forty pages in support of their motion for preliminary approval. Signed by Judge Mark H. Cohen on 12/20/2022. (dob)
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| Filing 68 Unopposed MOTION for Leave to File Excess Pages for Brief in Support of Motion for Preliminary Approval by Kent Bowen, Kathleen Darnell. (Attachments: #1 Text of Proposed Order)(Waddell, Timothy) |
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Filing 67
ORDER granting #66 Motion to Stay. Plaintiffs Kent Bowen and Kathleen Darnell, and Defendant Porsche Cars, N.A., Inc., have jointly moved for an order staying all deadlines in this case pending the finalization of the class-action settlement of this matter that the parties announced to the Court that they have reached. Having considered the motion and the parties' notice of the settlement, and for good cause shown, the Court hereby ORDERS that all deadlines in this case are stayed pending the finalization of the parties' settlement agreement and Plaintiffs' motion for preliminary approval. Signed by Judge Mark H. Cohen on 10/11/2022. (tmf)
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| Filing 66 Joint MOTION to Stay Litigation Deadlines by Kent Bowen, Kathleen Darnell. (Attachments: #1 Text of Proposed Order)(Caplan, Michael) |
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Filing 65
SCHEDULING ORDER: re: #64 Joint MOTION for Extension of Case Schedule Class Expert Discovery ends on 5/8/2023. Signed by Judge Mark H. Cohen on 7/8/2022. (dob)
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| Filing 64 Joint MOTION for Extension of Case Schedule by Kent Bowen, Kathleen Darnell. (Attachments: #1 Text of Proposed Order)(Waddell, Timothy) |
| Filing 63 CERTIFICATE OF SERVICE of Discovery by Porsche Cars N.A., Inc..(Dawson, Cari) |
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Filing 62
REVISED SCHEDULING ORDER: re: #61 Joint MOTION for Extension of Time of Case Schedule Discovery ends on 3/22/2023. Signed by Judge Mark H. Cohen on 6/8/2022. (dob)
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| Filing 61 Joint MOTION for Extension of Time of Case Schedule with Brief In Support by Kent Bowen, Kathleen Darnell. (Attachments: #1 Text of Proposed Order)(Boyle, Michael) |
| Filing 60 CERTIFICATE OF SERVICE of Discovery by Porsche Cars N.A., Inc..(Dawson, Cari) |
| Filing 59 TRANSCRIPT of Proceedings held on 5/19/22 (Tele Discovery Dispute Conf Hrg), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/24/2022. (Attachments: #1 Notice of Filing Transcript) (pjm) |
| Filing 58 Minute Entry for proceedings held before Judge Mark H. Cohen: Telephone Conference held on 5/19/2022 at the request of theparties to discuss a discovery dispute. See transcript for details. (Court Reporter Judith Wolff)(dob) |
| NOTICE of TELECONFERENCE Hearing: Discovery Hearing set for 5/19/2022 at 2:00 PM before Judge Mark H. Cohen. Please call 1-888-684-8852; Access Code: 2921179#; As participant push #; Security Code: #0417. (lme) |
| Filing 57 NOTICE by Porsche Cars N.A., Inc. Defendant's Response to Plaintiffs' Statement Regarding Discovery Dispute (Kennedy, Kara) |
| Filing 56 NOTICE by Kent Bowen, Kathleen Darnell Plaintiffs' Statement Regarding Discovery Dispute (Attachments: #1 Exhibit A, #2 Exhibit B)(Waddell, Timothy) |
| Filing 55 CERTIFICATE OF SERVICE of Discovery by Porsche Cars N.A., Inc..(Dawson, Cari) |
| Filing 54 CERTIFICATE OF SERVICE of Plaintiff Kathleen Darnell's Initial Disclosures by Kathleen Darnell.(Gibboney, Kyla) |
| Filing 53 NOTICE of Appearance by Kyla Jenny Gibboney on behalf of Kent Bowen, Kathleen Darnell (Gibboney, Kyla) |
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Minute Order Granting #52 Application for Admission Pro Hac Vice of Kyla Gibboney by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on 3/2/2022. 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.(lme)
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| APPROVAL by Clerks Office re: #52 APPLICATION for Admission of Kyla Gibboney Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11605313).. Attorney Kyla Gibboney added appearing on behalf of Kent Bowen, Kathleen Darnell (gas) |
| Filing 52 APPLICATION for Admission of Kyla Gibboney Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11605313).by Kent Bowen, Kathleen Darnell. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 51 CERTIFICATE OF SERVICE of Discovery by Porsche Cars N.A., Inc..(Dawson, Cari) |
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Filing 50
STIPULATED PROTECTIVE ORDER. Signed by Judge Mark H. Cohen on 12/20/2021. (dob)
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| Filing 49 PROPOSED ORDER Stipulated Protective Order. (Caplan, Michael) |
| Filing 48 CERTIFICATE OF SERVICE of Discovery by Porsche Cars N.A., Inc..(Dawson, Cari) |
| Clerk's Certificate of Mailing to Attorney Jared William Connors re NEF for the Order on Application for Admission PHV. (aaq) |
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MINUTE ORDER granting #47 Application for Admission Pro Hac Vice by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on December 8, 2021. 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.(lwb)
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| APPROVAL by Clerks Office re: #47 APPLICATION for Admission of Jared William Connors Pro Hac Vice. Attorney Jared William Connors added appearing on behalf of Kent Bowen, Kathleen Darnell (gas) |
| Filing 47 APPLICATION for Admission of Jared William Connors Pro Hac Vice.by Kent Bowen, Kathleen Darnell. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #46 APPLICATION for Admission of Jared William Connors Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11435887). to attorney for correction re: specify admitted courts. (gas) |
| Filing 46 APPLICATION for Admission of Jared William Connors Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11435887).by Kent Bowen, Kathleen Darnell. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 45 CERTIFICATE OF SERVICE of Discovery by Kent Bowen, Kathleen Darnell.(Caplan, Michael) |
| Filing 44 NOTICE by Kent Bowen, Kathleen Darnell of Service of Subpoena on SiriusXM Holdings, Inc. (Attachments: #1 Exhibit A--Subpoena on Sirius)(Boyle, Michael) |
| Filing 43 ANSWER to #40 Amended Complaint by Porsche Cars N.A., Inc..(Dawson, Cari) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 42
ORDER granting #41 Motion to Withdraw as Counsel as to James Bukac for Plaintiff Kent Bowen. Signed by Judge Mark H. Cohen on 10/25/2021. (dob)
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| Filing 41 MOTION for Permission for Alexander James Bukac to Withdraw as Counsel of Record for Plaintiff Kent Bowen by Kent Bowen. (Attachments: #1 Notice of Withdrawal from Bowen v. Porsche Cars N.A., Inc., #2 Text of Proposed Order)(Caplan, Michael) |
| Filing 40 AMENDED COMPLAINT against Porsche Cars N.A., Inc.with Jury Demand filed by Kent Bowen, Kathleen Darnell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(dob) 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. |
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Filing 39
ORDER granting #38 Motion to Add Party; granting #38 Motion to Amend. Kathleen Darnell added to case. Signed by Judge Mark H. Cohen on 10/20/2021. (dob)
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| Filing 38 Unopposed MOTION to Add Party , Unopposed MOTION to Amend #1 Complaint, by Kent Bowen. (Attachments: #1 Exhibit 1 - First Amended Class Action Complaint, #2 Exhibit A to First Amended Complaint, #3 Exhibit B to First Amended Complaint, #4 Exhibit C to First Amended Complaint, #5 Text of Proposed Order)(Caplan, Michael) |
| Filing 37 ANSWER to #1 COMPLAINT with Jury Demand by Porsche Cars N.A., Inc.. Discovery ends on 3/3/2022.(Dawson, Cari) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 36
ORDER granting in part and denying in part #14 Motion to Dismiss. The motion is GRANTED as to Counts III and IV of the Complaint. The motion is otherwise DENIED. Signed by Judge Mark H. Cohen on 9/20/2021. (dob) Modified on 9/20/2021 to edit text (dob).
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| Filing 35 NOTICE by Kent Bowen re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Supplemental Authority (Attachments: #1 Exhibit A - Mt. Hawley Insurance Co. v. East Perimeter Pointe Apartments, No. 19-13824)(Caplan, Michael) |
| Filing 34 RESPONSE re #33 Notice (Other) to Defendant's Notice of Supplemental Authority filed by Kent Bowen. (Caplan, Michael) |
| Filing 33 NOTICE by Porsche Cars N.A., Inc. re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A (Van Buren v. United States, No. 19783))(Dawson, Cari) |
| Filing 32 SURREPLY in Opposition to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kent Bowen. (jpa) |
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Filing 31
ORDER GRANTING Plaintiff's #30 Motion for Leave to File a Sur-Reply in Opposition to Defendant's #30 Motion to Dismiss. The Clerk shall separately docket Plaintiff's exhibit Sur-reply. Signed by Judge Mark H. Cohen on 5/12/21. (jpa)
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| Submission of #30 MOTION for Leave to File a Surreply in Opposition to Defendant's Motion to Dismiss, to District Judge Mark H. Cohen. (jpa) |
| Clerks Notation re #29 Certificate of Interested Persons reviewed by MHC. (lwb) |
| Filing 30 MOTION for Leave to File a Surreply in Opposition to Defendant's Motion to Dismiss with Brief In Support by Kent Bowen. (Attachments: #1 Plaintiff's Surreply in Opposition to Defendant's Motion to Dismiss)(Caplan, Michael) |
| Filing 29 Certificate of Interested Persons by Kent Bowen. (Caplan, Michael) |
| Filing 28 CERTIFICATE OF SERVICE of PCNA's Initial Disclosures by Porsche Cars N.A., Inc..(Dawson, Cari) |
| Filing 27 CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Kent Bowen.(Caplan, Michael) |
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Filing 26
SCHEDULING ORDER on the #22 Joint Preliminary Report and Discovery Plan (see Order for specifics). Signed by Judge Mark H. Cohen on 4/15/2021. (jpk)
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| Submission of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Mark H. Cohen. (jpa) |
| Filing 25 REPLY BRIEF re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Porsche Cars N.A., Inc.. (Dawson, Cari) |
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Filing 24
ORDER granting #23 Motion for Extension of Time. The deadline for Defendant PCNA to file its reply in support of its Motion to Dismiss in this action is extended through and including April 14, 2021. Signed by Judge Mark H. Cohen on 3/30/2021. (rjs)
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| Filing 23 Consent MOTION for Extension of Time to File Reply re: #21 Response in Opposition to Motion to Dismiss by Porsche Cars N.A., Inc.. (Attachments: #1 Text of Proposed Order)(Dawson, Cari) |
| Filing 22 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Porsche Cars N.A., Inc.. (Dawson, Cari) |
| Filing 21 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kent Bowen. (Caplan, Michael) |
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Filing 20
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 (adg) (ADI)
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| Filing 19 NOTICE by Porsche Cars N.A., Inc. of Compliance with Local Rule 23.1(C) (Dawson, Cari) |
| Clerks Notation re #15 Certificate of Interested Persons reviewed by MHC. (lwb) |
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MINUTE ORDER granting #16 Application for Admission Pro Hac Vice of Alexander James Bukac by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on February 26, 2021. 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.(lwb)
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| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Alexander James Bukac Pro Hac Vice.. Attorney Michael A. Caplan added appearing on behalf of Kent Bowen (nmb) |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Alexander James Bukac Pro Hac Vice. Attorney Alexander James Bukac added appearing on behalf of Kent Bowen (cdg) |
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Filing 18
ORDER granting #17 Motion for Extension of Time through 3/24/21 for Plaintiff to respond to Defendant's #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Judge Mark H. Cohen on 2/25/21. (jpa)
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| Filing 17 Consent MOTION for Extension of Time to File Response re: #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kent Bowen. (Attachments: #1 Text of Proposed Order)(Caplan, Michael) |
| Filing 16 APPLICATION for Admission of Alexander James Bukac Pro Hac Vice.by Kent Bowen. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 15 Certificate of Interested Persons and Corporate Disclosure Statement by Porsche Cars N.A., Inc. identifying Corporate Parent Dr. Ing. H.C. F. Porsche AG, Corporate Parent Volkswagen AG, Corporate Parent Porsche Enterprises Incorporated, Corporate Parent Porsche Nordamerika Holding GmbH, Corporate Parent Porsche Holding Stuttgart GmbH, Corporate Parent PPF Holding, AG for Porsche Cars N.A., Inc.. (Dawson, Cari) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Porsche Cars N.A., Inc.. (Attachments: #1 Brief in Support of PCNA's Motion to Dismiss)(Dawson, Cari) |
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MINUTE ORDER granting #11 Application for Admission Pro Hac Vice of David Stein by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on February 24, 2021. 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.(lwb)
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| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of David Stein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737711). Attorney David Stein added appearing on behalf of Kent Bowen (cdg) |
| APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Matthew R. Wilson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737728). Attorney Matthew R. Wilson added appearing on behalf of Kent Bowen (cdg) |
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MINUTE ORDER granting #9 Application for Admission Pro Hac Vice of Michael Joseph Boyle, Jr.; and granting #12 Application for Admission Pro Hac Vice of Matthew R. Wilson by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on February 24, 2021. 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.(lwb)
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| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Michael Joseph Boyle, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737677). Attorney Michael Joseph Boyle, Jr. added appearing on behalf of Kent Bowen (cdg) |
| RETURN of #10 APPLICATION for Admission of Alex Bukac Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737701). to attorney for correction re: Petitioners full spelling of name. (cdg) |
| Notification of Docket Correction re #13 Return of Service Executed. Edited to correct service date to 2/3/21 and answer deadline reset. (jpa) |
| Set Deadlines/Hearings: Porsche Cars N.A., Inc. answer due 2/24/2021. (jpa) |
| Filing 13 Return of Service Executed by Kent Bowen. Porsche Cars N.A., Inc. served on 2/3/2021, answer due 2/24/2021. (Caplan, Michael) Modified on 2/23/2021 to edit service date and answer deadline (jpa). |
| Filing 12 APPLICATION for Admission of Matthew R. Wilson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737728).by Kent Bowen. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 11 APPLICATION for Admission of David Stein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737711).by Kent Bowen. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 10 APPLICATION for Admission of Alex Bukac Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737701).by Kent Bowen. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 9 APPLICATION for Admission of Michael Joseph Boyle, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10737677).by Kent Bowen. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 8 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Matthew R. Wilson. Clerk to follow-up by 3/1/2021. (nmb) |
| Filing 7 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to David Stein. Clerk to follow-up by 3/1/2021. (nmb) |
| Filing 6 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Michael Joseph Boyle, Jr.. Clerk to follow-up by 3/1/2021. (nmb) |
| Filing 5 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Alexander Bukac. Clerk to follow-up by 3/1/2021. (nmb) |
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Filing 4
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 2/1/2021. (tcc)
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Filing 3
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 1/27/21. (eop)
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| Filing 2 Electronic Summons Issued as to Porsche Cars N.A., Inc.. (eop) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Kent Bowen. (Filing fee $402.00, receipt number AGANDC-10673105) (Attachments: #1 Exhibit -A, #2 Civil Cover Sheet)(eop) 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. |
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