Carnes-Vieitez v. Performance Powersports Group, Inc. et al
| Alicia Carnes-Vieitez |
| Performance Powersports Group, Inc. formerly known as Rich Godfrey & Associates, Inc. doing business as Coleman Powersports, Rich Godfrey & Associates, Inc., Chongqing Huansong Industries - (Group) Co., Ltd., Chongqing Huansong Science And Technology Industrial Co., Ltd., Hisun Holding Group Company, Wal-Mart Associates, Inc., Wal-Mart Stores East, LP (Delaware), Walmart Inc., Wal-Mart TRS, LLC, Walmart Claims Services, Inc. and Hisun Motors Corp., USA |
| 2:2023cv00147 |
| July 31, 2023 |
| US District Court for the Northern District of Georgia |
| Steve C Jones |
| Richard W Story |
| P.I.: Other |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 36
Order to Dismiss without prejudice to the right, upon good cause shown within sixty (60) days to reopen the action if settlement is not consummated. The Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE this action. If this matter is not reopened by the parties within sixty (60) days it will be deemed to have been dismissed with prejudice. Signed by Judge Steve C. Jones on 9/15/23. (rsg)
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| Civil Case Terminated. (rsg) |
| Filing 35 Notice of Extension of Deadline on Offer of Settlement tiled by Alicia Carnes-Vieitez. (Oliver, Judson) Modified on 9/12/2023 to edit docket text (ddm). |
| Filing 34 MOTION to Dismiss Amended Complaint by Hisun Holding Group Company. (Attachments: #1 Exhibit, #2 Exhibit)(Kramer, Jonathan) |
| Filing 33 MOTION to Dismiss Amended Complaint by Hisun Motors Corp., USA. (Attachments: #1 Exhibit, #2 Exhibit)(Kramer, Jonathan) |
| Submission of #6 MOTION to Dismiss , to District Judge Steve C. Jones. (pdw) |
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Filing 32
ORDER granting #31 MOTION for Extension of Time to File Their Response to Plaintiff's Motion to Remand . It is hereby ORDERED that Walmart Defendants have through and including September 19, 2023 to file their Response. Signed by Judge Steve C. Jones on 9/8/23. (rsg)
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| Filing 31 MOTION for Extension of Time to File Their Response to Plaintiff's Motion to Remand by Wal-Mart Associates, Inc., Wal-Mart Stores East, LP (Delaware), Wal-Mart TRS, LLC, Walmart Claims Services, Inc., Walmart Inc.. (Attachments: #1 Text of Proposed Order)(Beaton, Ernest) |
| Filing 30 ANSWER to #20 Amended Complaint by Wal-Mart Associates, Inc., Wal-Mart Stores East, LP (Delaware), Wal-Mart TRS, LLC, Walmart Claims Services, Inc., Walmart Inc..(Beaton, Ernest) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 29 MOTION for Leave to File Matters Under Seal re: #28 Response in Opposition to Motion with Brief In Support by Alicia Carnes-Vieitez. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Leave to File Under Seal)(Oliver, Judson) |
| Filing 28 PROVISIONALLY SEALED RESPONSE in Opposition re #18 MOTION to Dismiss filed by Alicia Carnes-Vieitez. (Oliver, Judson) |
| Filing 27 RESPONSE in Opposition re #18 MOTION to Dismiss filed by Alicia Carnes-Vieitez. (Attachments: #1 Affidavit Affidavit of J. Bryant Oliver, #2 Affidavit Affidavit of Marc Cohen, #3 Affidavit Affidavit of Michael Hernandez)(Oliver, Judson) |
| Filing 26 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hisun Motors Corp., USA. (Attachments: #1 Supplement)(Carabotta, Kimberly) |
| Filing 25 MOTION to Remand to State Court with Brief In Support by Alicia Carnes-Vieitez. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Motion to Remand)(Oliver, Judson) |
| Filing 24 Second MOTION for Leave to File Matters Under Seal re: #22 Notice of Filing, #23 Notice of Filing, with Brief In Support by Alicia Carnes-Vieitez. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Leave to File Under Seal)(Oliver, Judson) |
| Filing 23 PROVISIONALLY SEALED NOTICE Of Filing by Alicia Carnes-Vieitez re #21 Notice of Filing, Affidavit of Alicia Shea Carnes-Vieitez in Opposition to Defendant Hisun Motors Corp., USA's Motion to Dismiss (Oliver, Judson) |
| Filing 22 PROVISIONALLY SEALED NOTICE Of Filing by Alicia Carnes-Vieitez re #20 Amended Complaint, (Attachments: #1 Exhibit Exhibit "A" to Plaintiff's First Amendment)(Oliver, Judson) |
| Filing 21 NOTICE Of Filing Supplemental Exhibits to Plaintiff's Response in Opposition to Defendant Hisun Motors Corp., USA's Motion to Dismiss by Alicia Carnes-Vieitez re #14 Response in Opposition to Motion, (Attachments: #1 Affidavit Affidavit of Alicia Shea Carnes-Vieitez, #2 Affidavit Affidavit of J. Bryant Oliver, #3 Affidavit Affidavit of Jason Marcus Cohen, #4 Affidavit Affidavit of Michael Hernandez)(Oliver, Judson) |
| Filing 20 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Alicia Carnes-Vieitez. (Attachments: #1 Exhibit Exhibit "A" to Plaintiff's First Amendment)(Oliver, Judson) 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. |
| Filing 19 Certificate of Interested Persons and Corporate Disclosure Statement by Hisun Holding Group Company. (Kramer, Jonathan) |
| Filing 18 MOTION to Dismiss by Hisun Holding Group Company. (Attachments: #1 Exhibit)(Kramer, Jonathan) |
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Filing 17
ORDER granting #16 Motion for Leave to File Matters Under Seal. Signed by Judge Steve C. Jones on 8/22/23. (rsg)
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| Filing 16 MOTION for Leave to File Matters Under Seal re: #15 Response in Opposition to Motion with Brief In Support by Alicia Carnes-Vieitez. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Motion to Seal)(Oliver, Judson) |
| Filing 15 SEALED RESPONSE in Opposition re #6 MOTION to Dismiss filed by Alicia Carnes-Vieitez. (Attachments: #1 Affidavit Affidavit of Alicia Shea Carnes-Vieitez)(Oliver, Judson) Modified on 8/22/2023 (rsg). |
| Filing 14 RESPONSE in Opposition re #6 MOTION to Dismiss filed by Alicia Carnes-Vieitez. (Attachments: #1 Appendix Index to Exhibits to Plaintiff's Response in Opposition, #2 Affidavit Affidavit of Alicia Shea Carnes-Vieitez, #3 Affidavit Affidavit of J. Bryant Oliver, #4 Affidavit Affidavit of Marc Cohen, #5 Affidavit Affidavit of Michael Hernandez)(Oliver, Judson) |
| Filing 13 Certificate of Interested Persons and Corporate Disclosure Statement by Wal-Mart Associates, Inc., Wal-Mart Stores East, LP (Delaware), Wal-Mart TRS, LLC, Walmart Claims Services, Inc., Walmart Inc. identifying Corporate Parent Walmart Inc. for Wal-Mart Associates, Inc., Wal-Mart Stores East, LP (Delaware), Wal-Mart TRS, LLC, Walmart Claims Services, Inc.. (Beaton, Ernest) |
| Filing 12 Return of Service Executed by Alicia Carnes-Vieitez. Chongqing Huansong Industries - (Group) Co., Ltd. served on 8/2/2023, answer due 8/23/2023. (Oliver, Judson) |
| Filing 11 Return of Service Executed by Alicia Carnes-Vieitez. Chongqing Huansong Science And Technology Industrial Co., Ltd. served on 8/2/2023, answer due 8/23/2023. (Oliver, Judson) |
| Filing 10 Return of Service Executed by Alicia Carnes-Vieitez. Hisun Holding Group Company served on 8/2/2023, answer due 8/23/2023. (Oliver, Judson) |
| Filing 9 Certificate of Interested Persons by Alicia Carnes-Vieitez. (Oliver, Judson) |
| Filing 8 NOTICE Of Filing by Hisun Motors Corp., USA re #6 MOTION to Dismiss Exhibit A (Kramer, Jonathan) |
| Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by Hisun Motors Corp., USA. (Kramer, Jonathan) |
| Filing 6 MOTION to Dismiss by Hisun Motors Corp., USA. (Kramer, Jonathan) |
| Filing 5 COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES.(pdw) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Steve C. Jones for all further proceedings. Judge Richard W. Story no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:23-cv-00147-SCJ-JCF. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Richard W. Story on 08/04/2023. (rsg)
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| Filing 3 ANSWER to COMPLAINT with Jury Demand by Wal-Mart Associates, Inc., Wal-Mart Stores East, LP (Delaware), Wal-Mart TRS, LLC, Walmart Claims Services, Inc., Walmart Inc.. Discovery ends on 1/2/2024.(Beaton, Ernest) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 2 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to J. Bryant Oliver. Clerk to follow-up by 8/11/2023. (rvb) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Wal-Mart Associates, Inc., Wal-Mart TRS, LLC, Walmart Inc., Wal-Mart Stores East, LP (Delaware), Walmart Claims Services, Inc.. (Filing fee $ 402.00 receipt number AGANDC-12778987) (Attachments: #1 Exhibit A (Chongqing Entities), #2 Exhibit B (Pleadings), #3 Exhibit C (Consent by Performance Powersports), #4 Exhibit D (Consent by Hisun Motors), #5 Civil Cover Sheet)(rsg) 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 filed date on 7/31/2023 (rsg). |
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