Hawaii Auto Associates, Inc. v. Penske Automotive Group, Inc. et al
| Hawaii Auto Associates, Inc. |
| Penske Automotive Group, Inc., Smart USA Inc., Smart USA Distributor, LLC and Does 1 through 100 |
| 1:2009cv00196 |
| April 30, 2009 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| BARRY M KURREN |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 15, 2010. A more recent docket listing may be available from PACER.
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| Filing 98 CLERK'S JUDGMENT. Signed by B. Aurio, Deputy Clerk on April 15, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 04/16/2010 |
Filing 97
ORDER OF DISMISSAL. Signed by Senior JUDGE HELEN GILLMOR on April 15, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 04/16/2010.
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| Filing 96 EO: In light of the #95 Stipulation For Dismissal, the Status Conference re: Dismissal set for 3/25/2010 is vacated. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| ADVISORY ENTRY. The entry docket number #95 Stipulation filed by Penske Automotive Group, Inc., Smart USA Distributor, LLC was filed incorrectly in this case. The filing party is advised to refer to the US District Court District of Hawaii CM/ECF Guide on page 8 & 9 regarding Submission of Proposed Orders. (bbb, ) |
| Filing 95 STIPULATION of Dismissal Because of Settlement by Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Chairez, Joseph) |
| Filing 94 EO: Status Conference Re: Dismissal is MOVED from 3/15/2010 to 3/25/2010 @ 03:30 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 93 EP: Settlement Conference held. Case settled. No settlement on the record held. All dates and deadlines are VACATED. All pending motions are TERMINATED. The Stipulation For Dismissal is due 3/8/2010. A Status Conference Re Dismissal is set for 3/15/2010 at 9:30 a.m. (Hawaii time) before Judge Barry M. Kurren. This Status Conference will be vacated upon the Court's receipt of the Stipulation For Dismissal. (Chambers no record 1:35-3:25pm.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 92 EO: On January 19, 2010, the Court received #87 DEFENDANTS PENSKE AUTOMOTIVE GROUP, INC.'S AND SMART USA DISTRIBUTOR LLC'S MOTION TO STRIKE PARAGRAPH NOS. 6 AND 8 IN THE DECLARATION OF RICHARD RUTHERFORD AND PARAGRAPH NO. 6 IN THEDECLARATION OF WALTER HAVEKORST IN SUPPORT OF PLAINTIFF HAWAII AUTO ASSOCIATES, INC.'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Pursuant to Local Rule 7.2(d), the Court elects to decide the motion on the pleadings without a hearing. The following briefing schedule is set forth: Opposition shall be filed on or before February 11, 2010; Reply shall be filed on or before February 18, 2010. (SENIOR JUDGE HELEN GILLMOR)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 91 AFFIDAVIT in Opposition Plaintiff Hawaii Auto Associates, Inc.'s Opposition to Defendants' #87 Motion to Strike Paragraph Nos. 6 and 8 in the Declaration of Richard Rutherford and Paragraph No. 6 in the Declaration of Walter Havekorst in Support of Plaintiff Hawaii Auto Associates, Inc.'s Opposition to Defendants' Motion for Summary Judgment filed by Hawaii Auto Associates, Inc.. (Attachments: #1 Memorandum of Points and Authorities in Support Thereof, #2 Declaration of Neyleen S. Beljajev in Support of Plaintiff Hawaii Auto Associates, In.'c Opposition to Defendants' Motion to Strike Paragraph Nos. 6 and 8 in the Declaration of Richard Rutherford and Paragraph No. 6 in the declaration of Walter Havekorst in Support of Plaintiff Hawaii Auto Associatesm Inc.'s Opposition to Defendants' Motion for Summary Judgment, #3 Exhibit "1", #4 Exhibit "2", #5 Certificate of Service)(Beljajev, Neyleen) Modified on 2/3/2010 - inserting link to motion (bbb, ). |
| Filing 90 EO: After confirming with Plaintiff's counsel (Nayleen S. Beljajev) that there is no opposition to #89 Steven W. Moore's Motion To Withdraw As Counsel for Defendants Penske Automotive Group, Inc. and Smart USA Distributor LLC, that motion is GRANTED. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| 2nd ADVISORY ENTRY: Regarding the entry docket number #89 MOTION to Withdraw as Attorney filed by Penske Automotive Group, Inc., Smart USA Distributor, LLC. For further pleadings, all counsel are cautioned to file documents as separate entries. It is advised that all counsel refer to the Amended General Order Adopting Electronic Case Filing Procedures & the US DISTRICT COURT DISTRICT OF HAWAII CM/ECF Guide. NO FURTHER ACTION REQUEST ON DOCKET ENTRY #89. (bbb, ) |
| Filing 89 MOTION to Withdraw as Attorney for Defendants Penske Automotive Group, Inc. and smart USA Distributor LLC by Steven W. Moore; Declaration of Steven W. Moore in Support Thereof; Certificate of Service Joseph L. Chairez appearing for Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC (Chairez, Joseph) |
| Filing 88 NOTICE by Hawaii Auto Associates, Inc. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT Hawaii Auto Associates, Inc.. (Attachments: #1 CERTIFICATE OF SERVICE)(Beljajev, Neyleen) |
| Filing 87 MOTION to Strike Paragraph Nos. 6 And 8 in the Declaration of Rutherford and Paragraph 6 in the #80 Declaration of Havekorst In Support Of Plaintiff's Opposition to Defendants' Motion for Summary Judgment Joseph L. Chairez appearing for Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC (Attachments: #1 Declaration of Joseph L. Chairez, #2 Exhibit 1 - Richard Rutherford Deposition Excerpts, #3 Exhibit 2 - Walter "Cap" havekorst Deposition Excerpts, #4 Certificate of Service)(Chairez, Joseph) Modified on 1/20/2010 - inserting link to appropriate document (bbb, ). |
| Filing 86 REPLY to Plaintiff's Response to Defendants' #80 Separate Concise Statement of Facts filed by Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Attachments: #1 Declaration of Joseph L. Chairez, #2 Certificate of Service)(Chairez, Joseph) Modified on 1/20/2010 - inserting link to appropriate document (bbb, ). |
| Filing 85 RESPONSE to Plaintiff's #80 Separate Statement of Undisputed Material Facts filed by Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Attachments: #1 Declaration of Joseph L. Chairez, #2 Exhibit 1 - Plaintiff's Supplemental Response to Defendant smart Special Interrogatories, #3 Exhibit 2 - Richard Rutherford Deposition Excerpts, #4 Exhibit 3 - Walter "Cap" Havekorst Deposition Excerpts, #5 Certificate of Service)(Chairez, Joseph) Modified on 1/20/2010 - inserting link to appropriate document (bbb, ). |
| Filing 84 REPLY In Support Of #76 Motion For Summary Judgment Against Plaintiff HAA; Memorandum In Support of Motion; Certificate of Service filed by Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Chairez, Joseph) Modified on 1/20/2010 - inserting link to motion (bbb, ). |
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Filing 83
STIPULATED PROTECTIVE ORDER;#1 Exhibit A. related: #82 Motion for Protective Order. Signed by Magistrate Judge BARRY M. KURREN on January 13, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 82 Joint MOTION for Protective Order Joseph L. Chairez appearing for Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC (Attachments: #1 [Proposed] Stipulated Protective Order, #2 Certificate of Service)(Chairez, Joseph) |
| ADVISORY ENTRY. Regarding the entry docket number #80 Response in Opposition to Motion, filed by Hawaii Auto Associates, Inc.. For further pleadings, counsel(s) is/are cautioned to file documents as separate entries, ei: Opposition to Deft's Motion would be one filing, Separate Statements of Undisputed Matrial Facts would be another filing, Response to Deft's Concise Statement would be another filing. Counsel is also notified to fully caption the title of document, ei: Pltf's Opposition to Deft's Motion; Declaration of Nayleen S. Beljajev; Exhibits 1 - 11, etc. NO ACTION REQUIRED FOR THIS FILING. (bbb, ) |
| Filing 81 NOTICE OF CHANGE OF ADDRESS by Raymond J. Tam on behalf of Hawaii Auto Associates, Inc. New Address of 1001 Bishop St. Suite 770, Honolulu HI 96813. (bbb, ) |
| Filing 80 RESPONSE in Opposition TO DEFENDANT PENSKE AUTOMOTIVE GROUP, INC. AND SMART USA DISTRIBUTOR LLC'S MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF NEYLEEN S. BELJAJEV filed by Hawaii Auto Associates, Inc.. (Attachments: #1 PLAINTIFF SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF PLAINTIFF HAWAII AUTO ASSOCIATES, INC.'S OPPOSITION TO DEFENDANTS'S MOTION FOR SUMMARY JUDGMENT, #2 PLAINTIFF'S RESPONSE TO DEFENDANTS' PENSKE AUTOMOTIVE GROUP, INC'S AND SMART USA DISTRIBUTOR, LLC'S SEPARATE CONCISE STATEMENT OF FACTS, #3 Declaration OF NEYLEEN S. BELJAJEV IN SUPPORT OF PLAINTIFF HAWAII AUTO ASSOCIATES, INC.'S OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Declaration OF WALTER HAVEKORST, #16 Exhibit A, #17 Exhibit B, #18 Exhibit C, #19 Declaration OF RICHARD RUTHERFORD, #20 Exhibit A, #21 Exhibit B, #22 Exhibit C, #23 CERTIFICATE OF SERVICE)(Beljajev, Neyleen) |
| Filing 79 MAIL RETURNED AS UNDELIVERABLE. Mail sent to Raymond J. Tam (bbb, ) |
| Filing 78 MAIL RETURNED AS UNDELIVERABLE. Mail sent to Glenn J. Stanford (bbb, ) |
| COURT'S CERTIFICATE of Service - a copy of #77 MINUTE ORDER has been reserved on December 10, 2009 by First Class Mail to Raymond J. Tam, Esq. and Glenn J. Stanford, Esq. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf) |
| Filing 77 EO: On December 1, 2009, the Court received #76 DEFENDANTS PENSKE AUTOMOTIVE GROUP, INC.'S AND SMART USA DISTRIBUTOR LLC'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF HAWAII AUTO ASSOCIATES, INC. Pursuant to Local Rule 7.2(d), the Court elects to decide the motion on the pleadings without a hearing. The following briefing schedule is set forth: Opposition shall be filed on or before January 5, 2010; Reply shall be filed on or before January 19, 2010. (SENIOR JUDGE HELEN GILLMOR)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 76 MOTION for Summary Judgment of Defendants Penske Automotive Group, Inc. and smart USA Distributor LLC; Memorandum in Support of Motion Joseph L. Chairez appearing for Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC (Attachments: #1 Unpublished Case - Engleman, #2 Separate Concise Statement of Facts, #3 Declaration of James Parsons, #4 Exhibit 1 - Dealer Application of Richard Rutherford, #5 Exhibit 2 - Dealer Application of Thomas V. Girardi, #6 Exhibit 3 - Dealer Application of Walter "Cap" Havekorst, #7 Exhibit 4 - Dealer Application of Joseph Shimkonis, #8 Exhibit 5 - HAA's Business Plan, #9 Exhibit 6 - May 12, 2008 Letter, #10 Exhibit 7 - March 9, 2008 E-mail, #11 Exhibit 8 - May 5, 2008 Letter, #12 Exhibit 9 - May 8, 2008 Lettter, #13 Declaration of Joseph L. Chairez, #14 Exhibit 1 - Complaint, #15 Exhibit 2 - Excerpts from Deposition of Richard Rutherford, #16 Exhibit 3 - Business Information Document Regarding HAA, #17 Exhibit 4 - Excerpts from Deposition of Joseph Shimkonis, #18 Exhibit 5 - Excerpts from Deposition of Walter "Cap" Havekorst, #19 Exhibit 6 - Business Information Document Regarding Mopeds Direct, Inc., #20 Exhibit 7 (Part 1) - Excerpts from Deposition of Henry Ing, #21 Exhibit 7 (Part 2) - Excerpts from Deposition of Henry Ing, #22 Exhibit 8 - Answer, #23 Certificate of Service)(Chairez, Joseph) |
| Filing 75 EO: re #73 , On November 30, 2009, the Joint Stipulation Regarding Witnesses and Counsel for Plaintiff (Doc. No. 73) was filed without Judge Barry M. Kurren's signature. After reviewing the document, the Court hereby APPROVES AND SO ORDERS the Joint Stipulation. In light of this approval and order, the parties need not submit the Joint Stipulation to Judge Barry M. Kurren for signature. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 74 EO: In light of the #73 Joint Stipulation Regarding Expert Witnesses and Counsel for Plaintiff, the following motions are TERMINATED: #70 Defendants Penske Auto Group, Inc.'s and Smart USA Distributor LLC's Motion To Strike Plaintiff's Designated Experts And For Reasonable Fees And Expenses and #71 Defendants Penske Auto Group, Inc.'s and Smart USA Distributor LLC's Motion To Disqualify Attorney Thomas V. Girardi As Expert And Counsel For Plaintiff. The hearing on these motions, which was set for 12/18/2009, is VACATED. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| CORRECTIVE ENTRY re: docket entry number #73 STIPULATION (JOINT STIPULATION REGARDING EXPERT WITNESSES AND COUNSEL FOR PLAINTIFF) filed on behalf of Hawaii Auto Associates, Inc., was filed incorrectly in this case. If the filing party has not already done so, the filing party must submit the order -- via e-mail to the respective judge, in this instance to U.S. Magistrate Judge Barry M. Kurren's order e-mail box: kurren_orders@hid.uscourts.gov -- as pursuant to Section 9.1 of the "Amended General Order Adopting Electronic Case Filing Procedures": "Submission of Proposed Orders." This Stipulation with its Order will be construed as a proposed order; this filing shall stand. (afc) |
| Filing 73 STIPULATION JOINT STIPULATION REGARDING EXPERT WITNESSES AND COUNSEL FOR PLAINTIFF by Hawaii Auto Associates, Inc.. (Beljajev, Neyleen) |
| Filing 72 NOTICE of Hearing on #70 Defendants Penske Auto Group, Inc.'s And Smart USA Distributor LLC's Motion To Strike Plaintiff's Designated Experts And For Reasonable Fees And Expenses; and #71 Defendants Penske Auto Group, Inc.'s And Smart USA Distributor LLC's Motion To Disqualify Attorney Thomas V. Girardi As Expert And Counsel For Plaintiff set for 12/18/2009 @ 02:00 PM before Judge BARRY M. KURREN. The briefing schedule for the oppositions are due 12/7/2009 and reply memoranda due 12/14/2009. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| ADVISORY ENTRY. The entry docket number #70 MOTION to Strike & #71 MOTION to Disqualify Counsel filed by Penske Automotive Group, Inc., Smart USA Distributor, LLC was filed incorrectly in this case. Counsel is advised to review both the "Amended General Order Adopting Electronic Case Filing Procedures" and the "Us District Court District of Hawaii CM/ECF Guide" for guidance on attaching any additional documents to a filing as separate PDF images: Exhibits to Electronically Filed Documents. NO FURTHER ACTION REQUESTED ON THESE 2 DOCUMENTS. (bbb, ) |
| Filing 71 MOTION to Disqualify Counsel Thomas V. Girardi as Expert and Counsel for Plaintiff; Memorandumin Support of Motion by Defendants Penske Auto Group, Inc. and smart USA Distributor LLC Joseph L. Chairez appearing for Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC (Attachments: #1 Unpublished cases - Hallmark, United States, Grant & Royal Travel, #2 Declaration of Joseph L. Chairez, Exhibits "1" - "6", #3 Declaration of Thomas V. Girardi, #4 Certification pursuant to FRCP Rule 37 and LR 37.1, #5 Certificate of service)(Chairez, Joseph) |
| Filing 70 MOTION to Strike Plaintiff's Designated Experts and for Reasonable Fees and Expenses by Defendants Penske Automotive Group, Inc. and smart USA Distributor LLC; Memorandum in Support of Motion Joseph L. Chairez appearing for Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC (Attachments: #1 Declaration of Joseph L. Chairez, Exhibits "1" - "4", #2 Certification Pursuant to FRCP Rule 37 and LR 37.1, #3 Certificate of Service)(Chairez, Joseph) |
| Filing 69 TRANSCRIPT of Proceedings held on 08/07/09, - before Judge Kurren. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 11/27/2009. Redacted Transcript Deadline set for 12/7/2009. Release of Transcript Restriction set for 2/4/2010. (Cahill, Jessica) |
| Filing 68 Expert Witness Disclosure. filed by Hawaii Auto Associates, Inc.. (Attachments: #1 Exhibit "A")(Beljajev, Neyleen) |
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Filing 67
ORDER DENYING DEFENDANT SMART USA DISTRIBUTOR LLC'S #43 Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Request for Production of Documents, Set One and for Reasonable Fees and Costs. Follows oral order of 08/07/2009. Signed by Magistrate Judge BARRY M. KURREN on September 21, 2009. (bbb, )No COS issued for this docket entry
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Filing 66
ORDER DENYING DEFENDANT SMART USA DISTRIBUTOR LLC'S #44 Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Special Interrogatories, Set One and For Reasonable Fees and Costs. Follows oral order of 08/07/2009. Signed by Magistrate Judge BARRY M. KURREN on September 21, 2009. (bbb, )No COS issued for this docket entry
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| Filing 63 EP: Motion Hearing held. Defendant Smart USA Distributor LLCs #43 Motion To Compel Plaintiff To Remove Its Objections To Defendant Smart USA Distributor LLCs Request For Production Of Documents, Set One And For Reasonable Fees And Costs is DENIED. Defendant Smart USA Distributor LLCs #44 Motion To Compel Plaintiff To Remove Its Objections To Defendant Smart USA Distributor LLCs Special Interrogatories, Set One And For Reasonable Fees And Costs is DENIED. Defendant to prepare order. (C6F, 1:51PM-1:55PM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 62 CERTIFICATE OF SERVICE by Smart USA Distributor, LLC re #61 Ex Parte Motion and order, Add and Terminate Attorneys,, First Amended Certificate of Service [re Defendant smart USA Distributor, LLC's Petition for Pro Hac Vice Admission of Attorney (Steven W. Moore, Esq.)] (Andrews, Lissa) |
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Filing 61
DEFENDANT SMART USA DISTRIBUTOR, LLC'S PETITION FOR PRO HAC VICE ADMISSION OF ATTORNEY STEVEN W. MOORE;#1 Declaration of Steven W. Moore, #2 Declaration of Lissa H. Andrews, #3 ORDER, #4 Certificate of Service, #56 Filing Fee Received, Attorney Steven W. Moore for Smart USA Distributor, LLC ADDED. Signed by Magistrate Judge BARRY M. KURREN on July 28, 2009. (bbb, )
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| Filing 60 RESPONSE in Support re #43 MOTION to Compel Defendant Smart USA Distributor LLC's Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Request for Production of Documents, Set One and for Reasonable Fees and Costs - Defendant smart USA Distributor LLC's Reply Memorandum in Support of Its Motion to Compel Plaintiff to Remove Its Objections to Defendant smart USA Distributor LLC's Request for Production of Documents, Set One and For Reasonable Fees and Costs and Certificate of Service filed by Smart USA Distributor, LLC. (Andrews, Lissa) |
| Filing 59 RESPONSE in Support re #44 MOTION to Compel Defendant Smart USA Distributor LLC's Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Special Interrogatories, Set One and For Reasonable Fees and Costs - Defendant smart USA Distributor LLC's Reply Memorandum in Support of Its Motion to Compel Plaintiff to Remove Its Objections To Defendant smart USA Distributor LLC's Special Interrogatories, Set One and For Reasonable Fees and Costs and Certificate of Service filed by Smart USA Distributor, LLC. (Andrews, Lissa) |
| Filing 58 MEMORANDUM in Opposition re #44 MOTION to Compel Defendant Smart USA Distributor LLC's Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Special Interrogatories, Set One and For Reasonable Fees and Costs filed by Hawaii Auto Associates, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Neyleen S. Beljajev, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Beljajev, Neyleen) |
| Filing 57 MEMORANDUM in Opposition re #43 MOTION to Compel Defendant Smart USA Distributor LLC's Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Request for Production of Documents, Set One and for Reasonable Fees and Costs filed by Hawaii Auto Associates, Inc.. (Attachments: #1 Main Document Opposition to Defendant Smart USA Distributor LLC'S Motion to Compel Plaintiff to Remove its Objections to Defendant Samrt USA Distributor LLC'S Request For Production of Documents, Set One, #2 Declaration of Neyleen S. Beljajev, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Beljajev, Neyleen) |
| Filing 56 Pro Hac Vice Filing fee for atty Steven W. Moore: $ 225.00, receipt number 248316 (bbb, ) |
| Filing 54 CERTIFICATE OF SERVICE by Penske Automotive Group, Inc., Smart USA Distributor, LLC Certificate of Service [Tam] Re: Notice of Deposition of Joseph Shimkonis (Andrews, Lissa) |
| Filing 53 CERTIFICATE OF SERVICE by Penske Automotive Group, Inc., Smart USA Distributor, LLC Certificate of Service [Tam] Re: Notice of Deposition of Person Most Knowledgeable of Coldwell Banker Commercial Pacific Properties (Andrews, Lissa) |
| Filing 52 CERTIFICATE OF SERVICE by Penske Automotive Group, Inc., Smart USA Distributor, LLC Certificate of Service [Proof of Service] Re: Notice of Deposition of Joseph Shimkonis (Andrews, Lissa) |
| Filing 51 CERTIFICATE OF SERVICE by Penske Automotive Group, Inc., Smart USA Distributor, LLC Certificate of Service [Proof of Service] Re: Notice of Deposition of Person Most Knowledgeable of Coldwell Banker Commercial Pacific Properties (Andrews, Lissa) |
| Filing 50 NOTICE of Hearing on #43 Defendant Smart USA Distributor LLC's Motion To Compel Plaintiff To Remove Its Objections To Defendant Smart USA Distributor LLC's Request For Production Of Documents, Set One And For Reasonable Fees And Costs; and #44 Defendant Smart USA Distributor LLC's Motion To Compel Plaintiff To Remove Its Objections To Defendant Smart USA Distributor LLC's Special Interrogatories, Set One And For Reasonable Fees And Costs set for 8/7/2009 @ 2:00 PM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 49 Pro Hac Vice Filing fee for atty David N. Bigelow: $ 225.00, receipt number 248140 (bbb, ) |
| Filing 48 Pro Hac Vice Filing fee for atty Neyleen S. Beljajev: $ 225.00, receipt number 248139 (bbb, ) |
| Filing 47 Pro Hac Vice Filing fee for atty Claus Mory: $ 225.00, receipt number 248138 (bbb, ) |
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Filing 46
Plaintiff Hawaii Auto Associates, Inc.'s PETITION FOR PRO HAC VICE ADMISSION OF ATTORNEYS;#1 Declaration of Thomas V. Girardi in Support of Pro Hac Vice Application, #2 Declaration of Neyleen S. Beljajev in Support of Pro Hac Vice Application, #3 Declaration of David N. Bigelow in Support of Pro Hac Vice Application, #4 Declaration of Claus Mory in Support of Pro Hac Vice Application, #5 Declaration of Glenn J. Stanford, #6 ORDER Granting Application for Pro Hac Vice Admission, #7 Certificate of Service. Signed by Magistrate Judge Barry M. Kurren on June 26, 2009. (bbb, )
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| Filing 45 Pro Hac Vice Filing fee for atty Thomas Girardi: $ 225.00, receipt number 248089. (bbb, ) |
| Filing 44 MOTION to Compel Defendant Smart USA Distributor LLC's Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Special Interrogatories, Set One and For Reasonable Fees and Costs Devon I. Peterson appearing for Defendant Smart USA Distributor, LLC (Attachments: #1 Table of Contents, #2 Memorandum in Support of Motion, #3 Declaration of Sara B. Foster in Support of Motion, #4 Certification Pursuant to Fed. R. Civ. P. Rule 37 and LR37.1, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Certificate of Service)(Peterson, Devon) |
| Filing 43 MOTION to Compel Defendant Smart USA Distributor LLC's Motion to Compel Plaintiff to Remove its Objections to Defendant Smart USA Distributor LLC's Request for Production of Documents, Set One and for Reasonable Fees and Costs Devon I. Peterson appearing for Defendant Smart USA Distributor, LLC (Attachments: #1 Table of Contents, #2 Memorandum in Support of Motion, #3 Declaration of Sara B. Foster in Support of Motion, #4 Certification Pursuant to Fed. R. Civ. P. Rule 37 andLR 37.1, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Certificate of Service)(Peterson, Devon) |
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Filing 42
AMENDED RULE 16 SCHEDULING ORDER: Signed by Judge BARRY M. KURREN on 6/9/2009. (afc)
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| COURT'S CERTIFICATE of Service - a copy of #42 the AMENDED RULE 16 SCHEDULING ORDER, has been served by First Class Mail to the addresses of record on June 9, 2009. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc) |
| Filing 41 EP: Status Conference Re: Trial Dates and Other Deadlines held. New dates and deadline given; Court to prepare Rescheduling Order. Jury Selection/Trial set for 9:00 AM on May 4, 2010 before JUDGE HELEN GILLMOR. Discovery due by March 5, 2010. Motions due by December 2, 2009. Final Pretrial Conference set for March 23, 2010 at 9:00 AM before Judge BARRY M. KURREN. Final Pretrial Conference set for April 23, 2010 at 8:30 AM before JUDGE HELEN GILLMOR. Settlement Conference set for February 4, 2010 at 2:00 PM before Judge BARRY M. KURREN. (C6, No Record 9:25AM-9:33AM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 40 EO: The Status Conference Re: Trial Date and Other Deadlines set for 6/8/2009 is moved from 9:00AM to 9:30AM on the same day before Judge BARRY M. KURREN. If counsel want to participate by phone, please notify Judge Kurren's chambers. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
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Filing 39
Defendant Smart USA Distributor, LLC's PETITION FOR PRO HAC VICE ADMISSION OF ATTORNEY;#1 Declaration of Kevin M. Colton in Support of Pro Hac Vice Application, #2 Declaration of Lissa H. Andrews, #3 Order, #4 Certificate of Service. #38 Filing Fee Received, Attorney Kevin M. Colton for Smart USA Distributor, LLC added. Signed by Magistrate Judge BARRY M. KURREN on May 20, 2009. (bbb, )
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| Filing 38 Pro Hac Vice Filing fee for atty Kevin M. Colton: $ 225.00, receipt number 247637 (bbb, ) |
| Filing 36 EO: Per request of local counsel, Status Conference RE: Trial Date and Other Deadlines, set for May 20, 2009 at 9:00 AM, is continued to June 8, 2009 at 9:00AM before Judge Barry M. Kurren. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 35 CERTIFICATE OF SERVICE by Smart USA Distributor, LLC re #34 Ex Parte Motion and order, First Amended Certificate of Service [Re: Defendant smart USA Distributor, LLC's Petition For Pro Hac Vice Admission of Attorney (Sara B. Poster, Esq.)] (Andrews, Lissa) |
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Filing 34
Defendant Smart USA Distributor, LLC's PETITION FOR PRO HAC VICE ADMISSION OF ATTORNEY SARA B. POSTER;#1 Declaration of Sara B. Poster, #2 Declaration of Lissa H. Andrews, #3 ORDER GRANTING, #4 Certificate of Service. #30 Filing Fee Received. Signed by Magistrate Judge BARRY M. KURREN on May 14, 2009. (bbb, )
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Filing 33
Defendant Smart USA Distributor, LLC's PETITION FOR PRO HAC VICE ADMISSION OF ATTORNEY Joseph L. Chairez;#1 Declaration of Joseph L. Chairez, #2 Declaration of Lissa H. Andrews, #3 ORDER GRANTING, #4 Certificate of Service. #32 Filing Fee Received, Attorney Joseph L. Chairez for Smart USA Distributor, LLC added. Signed by Magistrate Judge BARRY M. KURREN on May 14, 2009. (bbb, )
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| Filing 32 Pro Hac Vice Filing fee for Joseph Chairez: $ 225.00, receipt number 247575 (bbb, ) |
| Filing 30 Pro Hac Vice Filing fee for atty Sara B. Poster: $ 225.00, receipt number 247576 (bbb, ) |
| Filing 28 EO: Status Conference Re: Trial Date and Other Deadlines set for 5/20/2009 @ 09:00 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| ADVISORY ENTRY re: docket entry #27 Clerk's Letter to Counsel re: Receipt of Transfer. Please be advised that the incorrect case number --CV 09-00169HG-BMK -- was referenced in the letter. The correct case number is CV 09-00196HG-BMK (afc) |
| Filing 27 Clerk's Letter to Counsel re: Receipt of Transfer. (Attachments: #1 Memorandum to all Federal Bar Members re: Corporate Disclosure Statements) (afc) |
| Filing 26 Receipt of cc transfer order of 3/30/09, docket sheet, transmittal letter. sent to USDC Hawaii. Case number assigned in the receiving district: CV 09-196 HG BMK (lc) (USDC HI: afc) (Additional attachment(s) added on 5/12/2009: #1 USDC Central District of California-Western Division Los Angeles certified Docket Sheet) (bbb, ). (Entered: 05/11/2009) |
| TRANSMITTAL of documents to USDC Hawaii: Electronic Documents are accessible through Pacer. cc: transfer order of 3/30/09, docket sheet. 2 copies of Transmittal letter.(lc) (USDC HI: afc) (Entered: 05/11/2009) |
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Filing 25
ORDER by Judge Dean D. Pregerson: Granting #14 Motion to Transfer Venue. Case transferred to the Hawaii. Original file, certified copy of transferorder and docket sheet sent. MD JS-6. Case Terminated. (tad) (Additional attachment(s) added on 4/28/2009: #1 Letter CV-22) (lc). (USDC HI: afc) (Entered: 05/11/2009)
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Filing 24
SCHEDULING ORDER pursuant to FRCP 16(b): Counsel must agree on date for the disclosure of expert witness reports pursuant to FRCP 26(a)2; Expert witness discovery cutoff: 11/27/09; Discovery cut-off: 1/8/10; Last day to file Motions: 2/8/10; Final Pretrial Conference: 4/26/10 04:00 PM; Jury Trial: 5/4/10 9:00 AM by Judge Dean D. Pregerson (lc) (USDC HI: afc) (Entered: 05/11/2009)
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Filing 23
ORDER Denying plaintiffs MOTION to Remand #13 by Judge Dean D. Pregerson, (lc) (USDC HI: afc) (Entered: 05/11/2009)
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Filing 22
ORDER by Judge Dean D. Pregerson Approving the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (sch) (USDC HI: afc) (Entered: 05/11/2009)
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| Filing 21 MINUTES OF SCHEDULING CONFERENCE held before Judge Dean D. Pregerson. Held scheduling conference. Court and counsel confer re case status. Court sets trial dates. (Refer to the SCHEDULING ORDER to be issued hereafter.) Court Reporter: None. (sch) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 20 JOINT REPORT of FRCP 26(f) filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Chairez, Joseph) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 19 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO TRANSFER CASE TO USDC DISTRICT OF HAWAII #14 and the MOTION TO REMAND #13 set for February 23, 2009 at 10:00 a.m., are hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (lc) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 18 REPLY in support of MOTION to Transfer Case to USDC District of Hawaii #14 filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Attachments: #1 Unpublished cases - Raynes, S.E.C., #2 Declaration of Joseph L. Chairez) (Chairez, Joseph) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 17 MEMORANDUM in Opposition to First MOTION to Remand Case to Central District #13 filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. (Attachments: #1 Declaration of Joseph L. Chairez)(Chairez, Joseph) (Entered:02/09/2009) (USDC HI: afc) |
| Filing 16 PROOF OF SERVICE filed by Plaintiff Hawaii Auto Associates, Inc., re Response in Opposition to Motion #15 to Transfer for Convenience served on 2/6/09. (Beljajev, Neyleen) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 15 OPPOSITION to MOTION to Transfer Case to USDC District of Hawaii #14 filed by Plaintiff Hawaii Auto Associates, Inc.. (Attachments: #1 Declaration)(Beljajev, Neyleen) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 14 NOTICE OF MOTION AND MOTION to Transfer Case to USDC District of Hawaii filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. Motion set for hearing on 2/23/2009 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Unreported cases - U.S. Merchant, Baca, Ironworkers & Sorensen, #2 Declaration of Russell Hill, #3 Declaration of Joseph L. Chairez) (Chairez, Joseph) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 13 NOTICE OF MOTION AND First MOTION to Remand Case to Central District filed by Plaintiff, Hawaii Auto Associates, Inc.. Motion set for hearing on 2/23/2009 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Proposed Order)(Beljajev, Neyleen) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 12 NOTICE OF DISMISSAL filed by Plaintiff, HAWAII AUTO ASSOCIATES, INC. Hawaii Auto Associates, Inc. pursuant to FRCP 41a(1) as to Smart USA Inc.. (Beljajev, Neyleen) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: docket entry shows plaintiff dismissing itself, should have linked to defendant Smart USA Inc, as the party to be dismissed as reflected in the PDF image. RE: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) 10. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) (USDC HI: afc) (Entered: 05/11/2009) |
| Filing 10 NOTICE OF DISMISSAL filed by Plaintiff, Hawaii Auto Associates, Inc. Hawaii Auto Associates, Inc. pursuant to FRCP 41a(1) as to Hawaii Auto Associates, Inc.. (Beljajev, Neyleen) (USDC HI: afc) (Entered: 05/11/2009) |
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Filing 9
ORDER setting Scheduling Conference for 3/2/09 3:30 PM; compliance with FRCP 26(f) and filing of report by Judge Dean D. Pregerson (lc) (afc) (Entered: 05/11/2009)
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| Filing 8 DEMAND for Jury Trial filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC.. (bbb, ) |
| Filing 7 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. It is not necessary to clear motion date with court clerk prior to filing the motion. Court hears motions only on Mondays at 10:00 AM. The Court requires non-blue backed courtesy copies of only the following manual and electronic filed documents: (1) All noticed motions and related documents; and (2) All ex parte applications and related documents. Said courtesy copies are to be delivered directly to Room 244-J. (bbb, ) |
| Filing 6 PROOF OF SERVICE filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC, re: Civil Cover Sheet, Defendants' Notice of Removal of State Court Action to Federal Court; Defendants' Notice to Adverse Party; Certification as to Interested parties; Notice of Assignment to US Magistrate Judge for Discovery served on December 4, 2008 (bbb, ) |
| Filing 5 ANSWER to Complaint by Penske Automotive Group, Inc., Smart USA Inc..(bbb, ) |
| Filing 4 DECLARATION of Joseph L. Chairez of Filing #1 Notice of Removalin State Court filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC; #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1, #4 Proof of Service. (bbb, ) |
| Filing 3 NOTICE filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. to Adverse Party of Removal of State Court Action to Federal Court Under 28 U.S.C. 1441(b) (Diversity) (bbb, ) |
| Filing 2 CERTIFICATION AS TO Interested Parties filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. (bbb, ) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA For the County of Los Angeles, case number BC399119 with CONFORMED FILED copy of summons and complaint. Case assigned to Judge Dean D. Pregerson, Discovery to Magistrate Judge Carla M. Woehrle. (Filing fee $ 350 PAID. ), filed by Defendants Penske Automotive Group, Inc., Smart USA Distributor, LLC. (bbb, ) |
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