Morton v. Audi of America, LLC et al
| Douglas Grant Morton |
| Audi of America, LLC, Volkswagen Group of America, Inc. doing business as Audi of America, Inc., Audi AG, Volkswagen AG, Lear Corporation, FNK North America, Inc., Faurecia-NHK Co., Ltd., Faurecia Automotive Seating, LLC, NHK Seating of America, Inc., NHK Spring Co. Ltd, Faurecia USA Holdings Inc, Brose North America, Inc., Brose Fahrzeugteile SE & Co. Kommanditgesellschaft, Grammer, Inc., Grammer Industries, LLC, Grammer AG, Asbury Automotive Group, Inc. and XYZ Companies 1-4 |
| 1:2023cv04420 |
| September 28, 2023 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1446 Notice of Removal - Motor Vehicle Prod Liability |
| Both |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
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Clerk's Certificate of Mailing to Deborah J. Bullion re #48 Order on Application for Admission PHV. (dmb)
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Filing 48
ORDER granting #35 Application for Admission Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 11/21/2023. 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.(dmb)
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Filing 47
ORDER granting #43 Unopposed MOTION for Extension of Time to File Reply to Motion to Dismiss for Lack of Personal Jurisdiction re: #26 MOTION to Dismiss for Lack of Personal Jurisdiction . It is hereby ORDERED that the time period in which the Grammer Defendants must file their Reply is extended through and including 12/11/2023. Signed by Judge Thomas W. Thrash, Jr. on 11/21/2023. (jkb)
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Filing 46
ORDER granting #44 Unopposed MOTION for Extension of Time to File Answer re #4 Amended Complaint, , Volkswagen AG Answer due 12/29/2023. Signed by Judge Thomas W. Thrash, Jr. on 11/21/2023. (jkb)
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Filing 45
ORDER granting #42 Unopposed MOTION for Extension of Time to File Responsive Pleading . NHK Seating of America, Inc. shall have through and including December 27, 2023 to answer or otherwise respond to Plaintiffs First Amended Complaint. Signed by Judge Thomas W. Thrash, Jr. on 11/21/2023. (jkb)
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Submission of #24 MOTION to Remand to State Court to District Judge Thomas W. Thrash Jr. (jeh)
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Filing 44
Unopposed MOTION for Extension of Time to File Answer re #4 Amended Complaint, by Volkswagen AG. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to File a Responsive Pleading)(Gieser, Caroline)
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Filing 43
Unopposed MOTION for Extension of Time to File Reply to Motion to Dismiss for Lack of Personal Jurisdiction re: #26 MOTION to Dismiss for Lack of Personal Jurisdiction by Grammer Industries, LLC, Grammer, Inc.. (Attachments: #1 Text of Proposed Order Granting Extension of Time to File Reply to Motion to Dismiss)(Capezzuto, Stephanie)
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Filing 42
Unopposed MOTION for Extension of Time to File Responsive Pleading with Brief In Support by NHK Seating of America, Inc.. (Attachments: #1 Exhibit Proposed Order)(Johnson, Myrece)
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Filing 41
RESPONSE in Opposition re #26 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Douglas Grant Morton. (Attachments: #1 Exhibit A -Grammer The Exclusive Supplier for Leading US Producer of Material Handling Equipment, #2 Exhibit B- Grammer website-Locations, #3 Exhibit C- Grammer 2022 Annual Report Excerpt, #4 Exhibit D- Grammer US Patent Applications, #5 Exhibit E - Grammer Investor Presentation excerpt, #6 Exhibit F- GrammerInc. Moving Its Headquaters From Hudson to Mississippi Article, #7 Exhibit G -Grammer 2014 Annual report excerpt, #8 Exhibit H- Import Info database search -Grammer Consignee for shipments to Port of Savannah, GA)(Popper, Davis)
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Filing 40
ORDER granting #39 Consent MOTION for Extension of Time File Response to the #38 MOTION to Dismiss For Lack of Personal Jurisdiction. The time for Plaintiff Douglas Grant Morton to respond to Defendant Brose North America, Inc.'s Motion to Dismiss is hereby extended up to and including December 13, 2023. Signed by Judge Thomas W. Thrash, Jr. on 11/16/2023. (jeh)
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Filing 39
Consent MOTION for Extension of Time File Response re: #38 MOTION to Dismiss For Lack of Personal Jurisdiction by Douglas Grant Morton. (Attachments: #1 Text of Proposed Order)(Popper, Davis)
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Filing 38
MOTION to Dismiss For Lack of Personal Jurisdiction with Brief In Support by Brose North America, Inc.. (Attachments: #1 Brief Memorandum in Support of Brose's Motion to Dismiss, #2 Exhibit Exhibit A - to Memo ISO of Motion - Affidavit of Anthony Sukkar)(Warburton, Reed)
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Filing 37
REPLY BRIEF re #24 MOTION to Remand to State Court filed by Douglas Grant Morton. (Attachments: #1 Exhibit A- Asbury Audi A3 Seat Recall, #2 Exhibit B - Technical Service Bulletin)(Popper, Davis)
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Filing 36
ORDER granting #33 Motion for Extension of Time to File Answer, Brose North America, Inc. Answer due 11/13/2023. Signed by Judge Thomas W. Thrash, Jr. on 11/01/2023. (jkb)
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APPROVAL by Clerks Office re: #35 APPLICATION for Admission of Deborah J. Bullion Pro Hac Vice (Application fee $ 100, receipt number AGANDC-12992430). Attorney Deborah J. Bullion added appearing on behalf of FNK North America, Inc., Faurecia Automotive Seating, LLC, Faurecia USA Holdings Inc. E-filing access may be requested after an order granting the application is entered. (rvb)
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Filing 35
APPLICATION for Admission of Deborah J. Bullion Pro Hac Vice.by FNK North America, Inc., Faurecia Automotive Seating, LLC, Faurecia USA Holdings Inc. (Boorman, Michael) Documents for this entry are not available for viewing outside the courthouse.
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Submission of #18 MOTION to Transfer Case to the Western District of North Carolina to District Judge Thomas W. Thrash Jr. (jeh)
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Submission of #21 MOTION for Joinder to Co-Defendant Volkswagen Group of America's Motion to Transfer Venue to District Judge Thomas W. Thrash Jr. (jeh)
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RETURN of #32 APPLICATION for Admission of Deborah J. Bullion Pro Hac Vice (Application fee $ 100, receipt number AGANDC-12992430) to attorney for correction. Reason for return: You listed the state court case number on the PHV application. Please list 1:23-cv-4420-TWT as the case number on the application and resubmit. (rvb)
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Filing 34
REPLY to Response to Motion re #18 MOTION to Transfer Case to the Western District of North Carolina filed by Volkswagen Group of America, Inc.. (Kelly, Colin)
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Filing 33
MOTION for Extension of Time to File Responsive Pleading by Brose North America, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Anulewicz, Christopher) Modified on 11/1/2023 (jkb).
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Filing 32
APPLICATION for Admission of Deborah J. Bullion Pro Hac Vice (Application fee $ 100, receipt number AGANDC-12992430).by FNK North America, Inc., Faurecia Automotive Seating, LLC, Faurecia USA Holdings Inc. (Boorman, Michael) Documents for this entry are not available for viewing outside the courthouse.
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Filing 31
RESPONSE re #24 MOTION to Remand to State Court filed by Lear Corporation. (Attachments: #1 Exhibit 1 (Declaration of Andre Young))(Hollis, James)
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Filing 30
ORDER granting #28 Consent MOTION for Extension of Time to File Response re: #26 MOTION to Dismiss for Lack of Personal Jurisdiction . Signed by Judge Thomas W. Thrash, Jr. on 10/26/2023. (jkb)
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Filing 29
ORDER granting re #27 Unopposed MOTION for Extension of Time to File Answer , NHK Seating of America, Inc. Answer due 11/27/2023. Signed by Judge Thomas W. Thrash, Jr. on 10/26/2023. (jkb)
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Filing 28
Consent MOTION for Extension of Time to File Response re: #26 MOTION to Dismiss for Lack of Personal Jurisdiction by Douglas Grant Morton. (Attachments: #1 Text of Proposed Order)(Popper, Davis)
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Filing 27
Unopposed MOTION for Extension of Time to File Answer by NHK Seating of America, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to File Responsive Pleading)(Johnson, Myrece)
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Filing 26
MOTION to Dismiss for Lack of Personal Jurisdiction with Brief In Support by Grammer Industries, LLC, Grammer, Inc.. (Attachments: #1 Brief In Support of Motion to Dismiss for Lack of Personal Jurisdiction, #2 Text of Proposed Order Proposed Order Motion to Dismiss)(Capezzuto, Stephanie)
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Submission of #19 MOTION for Joinder TO CO-DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.S MOTION TO TRANSFER VENUE, #12 MOTION for Reconsideration to District Judge Thomas W. Thrash Jr. (jeh)
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Filing 25
RESPONSE in Opposition re #18 MOTION to Transfer Case to the Western District of North Carolina filed by Douglas Grant Morton. (Attachments: #1 Exhibit A.-Brief in Support of Mtn to Remand, #2 Exhibit B-Order Denying Mtn to Dismiss for Forum Non Conveniens, #3 Exhibit C-Map of VW Group of America locations)(Popper, Davis)
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Filing 24
MOTION to Remand to State Court with Brief In Support by Douglas Grant Morton. (Attachments: #1 Brief In Support of Motion to Remand, #2 Exhibit Ex. A - Order denying Mtn to Compel Arbitration, #3 Exhibit Ex. B -Order denying Mtn to Dismiss for Forum Non Conveniens)(Popper, Davis)
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Filing 23
Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Hugh Peterson, III. Clerk to follow-up by 10/23/2023. (rvb)
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Filing 22
ORDER granting #20 First MOTION for Extension of Time to File Answer. Grammer Industries, LLC and Grammer, Inc. Answer due 10/23/2023. Signed by Judge Thomas W. Thrash, Jr. on 10/10/2023. (jeh)
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Filing 21
MOTION for Joinder to Co-Defendant Volkswagen Group of America's Motion to Transfer Venue by FNK North America, Inc., Faurecia Automotive Seating, LLC, Faurecia USA Holdings Inc. (Boorman, Michael)
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Filing 20
First MOTION for Extension of Time to File Answer by Grammer Industries, LLC, Grammer, Inc.. (Attachments: #1 Text of Proposed Order)(Capezzuto, Stephanie)
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Filing 19
MOTION for Joinder TO CO-DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.S MOTION TO TRANSFER VENUE by Asbury Automotive Group, Inc.. (Kelly, Colin)
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Filing 18
MOTION to Transfer Case to the Western District of North Carolina with Brief In Support by Volkswagen Group of America, Inc.. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Transfer, #2 Exhibit Ex. 1 - Accident Report, #3 Exhibit Ex. 2 - Abrams Email)(Kelly, Colin)
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Filing 17
ORDER granting #16 MOTION for Extension of Time to File Answer . NHK Seating of America, Inc. Answer due 10/27/2023. Signed by Judge Thomas W. Thrash, Jr. on 10/5/2023. (jeh)
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Filing 16
MOTION for Extension of Time to File Answer by NHK Seating of America, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Motion for Extension of Time to Answer)(Johnson, Myrece)
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ORDER (by docket entry) granting #15 Motion for Extension of Time to Answer. Brose North America, Inc. Answer due 10/30/2023. Ordered by Judge Thomas W. Thrash, Jr. on 10/5/2023. (jeh)
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Filing 15
MOTION for Extension of Time File Responsive Pleading by Brose North America, Inc.. (Anulewicz, Christopher) Modified on 10/5/2023 (jkb).
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Filing 14
Certificate of Interested Persons and Corporate Disclosure Statement by Lear Corporation. (bgt)
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Filing 13
NOTICE Of Filing Affidavits by Volkswagen Group of America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(bgt)
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Filing 12
MOTION for Reconsideration with Brief In Support, or, Alternatively to Issue a Certificate of Immediate Review by Volkswagen Group of America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(bgt)
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Filing 11
STIPULATION extending time, up to and including 10/27/2023, for Defendant NHK Seating of America, Inc. to file responsive pleading by Douglas Grant Morton, NHK Seating of America, Inc. (Originally filed in State Court of Gwinnett County on 9/27/2023.) (bgt)
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Filing 10
ANSWER to #4 Amended Complaint by Lear Corporation. (Originally filed in State Court of Gwinnett County on 9/27/2023.) (bgt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 9
ANSWER to #4 Amended Complaint by FNK North America, Inc. (Originally filed in State Court of Gwinnett County on 9/27/2023.) (bgt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 8
ANSWER to #4 Amended Complaint by Faurecia USA Holdings Inc. (Originally filed in State Court of Gwinnett County on 9/27/2023.) (bgt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 7
ANSWER to #4 Amended Complaint by Faurecia Automotive Seating, LLC. (Originally filed in State Court of Gwinnett County on 9/27/2023.) (bgt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 6
STIPULATION extending time, up to and including 10/23/2023, for Defendants Grammer, Inc. and Grammer Industries, LLC to answer or otherwise respond to the first amended complaint by Douglas Grant Morton. (Originally filed in State Court of Gwinnett County on 9/21/2023.) (bgt)
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Filing 5
STIPULATION extending time, up to 10/30/2023, for Brose to answer or otherwise respond to the complaint by Brose North America, Inc., Douglas Grant Morton. (Originally filed in State Court of Gwinnett County on 9/21/2023.) (bgt)
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Filing 4
First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Douglas Grant Morton. (Originally filed in State Court of Gwinnett County on 8/22/2023.) (bgt) 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 3
ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Volkswagen Group of America, Inc. (Originally filed in State Court of Gwinnett County on 8/2/2023.) (Attachments: #1 Exhibit A)(bgt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 2
ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Asbury Automotive Group, Inc. Discovery ends on 2/26/2024. (Originally filed in State Court of Gwinnett County on 7/28/2023.) (bgt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 1
NOTICE OF REMOVAL with COMPLAINT filed by Lear Corporation. (Filing fee $ 402 receipt number AGANDC-12917796) (Attachments: #1 Exhibit 1 - Declaration of Andre Young, #2 Exhibit 2 - Consents to Removal, #3 Exhibit 3 - State Court Filings, #4 Civil Cover Sheet)(bgt) 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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