Carlton v. Avis Budget Group, Inc. et al
| Robert Carlton, Jordan Carlton and Rebecca Carlton |
| Avis Budget Group, Inc., Kia Motors America, Inc., Avis Budget Car Rental, LLC, Avis Rent A Car System, LLC, Budget Rent A Car System, Inc. and Doe Defendants 1-10 |
| 1:2019cv00485 |
| September 6, 2019 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on October 7, 2019. A more recent docket listing may be available from PACER.
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Filing 24
ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/7/2019. (emt, )
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Filing 23
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/7/2019. (emt, )
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| Filing 22 EP: Rule 16 Scheduling Conference held on 10/7/2019. A Rule 16 Scheduling Order to be issued. Jury Selection/Trial is set for 09:00 AM on 2/8/2021 in Aha Kanawai before JUDGE JILL A. OTAKE. Final Pretrial Conference is set for 12/29/2020 at 10:00 AM in Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 11/4/2020 at 10:00 AM in Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference statements by 10/28/2020. Dispositive Motions filed by 9/9/2020. Discovery due by 12/11/2020. (Court Reporter In chambers - not reported. 9:00 a.m. - 9:10 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
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Filing 21
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JAMES P. FEENEY re #20 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/4/2019. (emt, )
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| Filing 20 MOTION for Pro Hac Vice [JAMES P. FEENEY] Filing fee $ 300, receipt number 0975-2272610.Kenneth K. Fukunaga appearing for Defendant Kia Motors America, Inc. (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appearl Pro Hac Vice)(Fukunaga, Kenneth) |
| Filing 19 EO: In light of #13 Defendant Kia Motors America, Inc.'s Response and related #15 Declaration, the Court takes no further action on its #10 Order to Show Cause Why This Action Should Not be Remanded. (JUDGE JILL A. OTAKE)(shm) |
| Filing 18 ANSWER to #7 Answer to Complaint,,, Crossclaim,, [DEFENDANT KIA MOTORS AMERICA, INC.S ANSWER TO DEFENDANTS AVIS BUDGET GROUP, INC., AVIS BUDGET CAR RENTAL, LLC, AVIS RENT A CAR SYSTEM, LLC AND BUDGET RENT A CAR SYSTEMS, INC.S CROSS-CLAIM AGAINST DEFENDANT KIA MOTORS AMERICA, INC. FILED SEPTEMBER 10, 2019; CERTIFICATE OF SERVICE] by Kia Motors America, Inc.. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) |
| Filing 17 Scheduling Conference Statement - Plaintiffs'. (Attachments: #1 Certificate of Service)(McTernan, Patrick) |
| Filing 16 Defendants Avis Budget Group, Inc., Avis Budget Car Rental, LLC, Avis Rent A Car System, LLC, and Budget Rent A Car System, Inc. Scheduling Conference Statement ; CERTIFICATE OF SERVICE. (Myhre, James) Docket text modified on 10/1/2019 (emt, ). |
| Filing 15 Declaration re #13 Response to Order to Show Cause [DECLARATION OF ERIK JOHNSON IN SUPPORT OF AND SUPPLEMENTING DEFENDANT KIA MOTORS AMERICA, INC.'S RESPONSE TO ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED FILED SEPTEMBER 17, 2019, FILED ON SEPTEMBER 30, 2019 [DOC #13]; CERTIFICATE OF SERVICE]. (Attachments: #1 Declaration Erik Johnson, #2 Certificate of Service)(Fukunaga, Kenneth) |
| Filing 14 Scheduling Conference Statement [DEFENDANT KIA MOTORS AMERICA, INC.'S RULE 16 SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE]. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED Filed September 17, 2019 re #10 by Kia Motors America, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Fukunaga, Kenneth) Modified on 10/1/2019 to add linkage to OSC, docket text modified (emt, ). |
| Filing 12 ANSWER to Complaint DEFENDANTS AVIS BUDGET GROUP, INC., AVIS BUDGET CAR RENTAL, LLC., AVIS RENT A CAR SYSTEM, LLC. AND BUDGET RENT A CAR SYSTEM, INC.S ANSWER TO #6 DEFENDANT KIA MOTORS AMERICA, INC.S CROSS-CLAIM AGAINST DEFENDANTS AVIS BUDGET GROUP, INC., AVIS BUDGET CAR RENTAL, LLC, AVIS RENT A CAR SYSTEM, LLC AND BUDGET RENT A CAR SYSTEMS, INC. FILED SEPTEMBER 9, 2019; CERTIFICATE OF SERVICE by Avis Budget Car Rental, LLC, Avis Budget Group, Inc., Avis Rent A Car System, LLC, Budget Rent A Car System, Inc..(Myhre, James) Modified on 10/1/2019 to add linkage to Cross-Claim (emt, ). |
| Filing 11 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(McTernan, Patrick) |
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Filing 10
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED - Signed by JUDGE JILL A. OTAKE on 9/16/2019. Defendant must file a response to this Order to Show Cause by September 30, 2019, identifying each of the LLC Defendants' owners/members and providing their citizenships. If any of the owners/members are themselves LLCs and/or unincorporated associations, Defendant shall also identify those entities and provide their citizenships. Defendant must also show, by a preponderance of the evidence, that the amount in controversy exceeds $75,000. Failure to timely respond to this Order to Show Cause will result in a finding that Defendant has failed to carry its burden of establishing removal jurisdiction and the Court will remand this action. Show Cause Response due by 9/30/2019. (emt, )
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| Filing 9 TRANSMITTAL OF DOCUMENTS FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII; CV 19-1-1279-08 JHA. (Attachments: #1 Circuit Court Clerk's Certificate, #2 Computerized Index, #3 Civil Information Sheet, #4 Complaint; Summons, #5 Request to Exempt Case from Court Annexed Arbitration Program; Exhibit A, #6 Arbitration Administrator's Decision Granting Request to Exempt Case from Court Annexed Arbitration Program, #7 Return and Acknowledgment of Service (Budget Rent A Car Systems, Inc.), #8 Return and Acknowledgment of Service (Kia Motors America, Inc.), #9 Return and Acknowledgment of Service (Avis Rent A Car System, LLC), #10 Return and Acknowledgment of Service (Avis Budget Car Rental, LLC), #11 Return and Acknowledgment of Service (Avis Budget Group, Inc.), #12 Additional Claims Information Sheet, #13 First Amended Complaint; Summons, #14 Return and Acknowledgment of Service (Budget Rent A Car System, Inc.), #15 Notice of Filing Notice of Removal; Exhibit "A"; Certificate of Service) (emt, ) |
| Filing 8 Corporate Disclosure Statement by Avis Budget Car Rental, LLC, Avis Budget Group, Inc., Avis Rent A Car System, LLC, Budget Rent A Car System, Inc.. (Myhre, James) |
| Filing 7 Defendants Avis Budget Group, Inc., Avis Budget Car Rental, LLC., Avis Rent a Car System, LLC. And Budget Rent a Car System, Inc.s ANSWER to Complaint with Jury Demand to Plaintiffs First Amended Complaint, Filed on August 30, 2019, CROSSCLAIM against Kia Motors America, Inc. by Avis Budget Group, Inc., Budget Rent A Car System, Inc., Avis Rent A Car System, LLC, Avis Budget Car Rental, LLC. (Attachments: #1 Demand for Jury Trial, #2 Defendants Avis Budget Group, INC., Avis Budget Car Rental, LLC., Avis Rent a Car System, LLC. And Budget Rent a Car System, Inc.s Crossclaim Against Defendant Kia Motors America, Inc., #3 Certificate of Service)(Myhre, James) |
| Filing 6 AMENDED ANSWER to Plaintiffs First Amended Complaint, Filed on August 30, 2019 , CROSSCLAIM Defendant Kia Motors America, Inc.s Cross-Claim Against Defendants against Avis Budget Car Rental, LLC, Avis Budget Group, Inc., Avis Rent A Car System, LLC, Budget Rent A Car System, Inc. by Kia Motors America, Inc.. (Attachments: #1 Cross-Claim Against Defendants, #2 Demand for Jury Trial, #3 Certificate of Service)(Fukunaga, Kenneth) Modified on 9/9/2019 (emt, ). |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 10/7/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/6/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00485 JAO-WRP on all further pleadings. (emt, ) |
| Filing 3 Corporate Disclosure Statement by Kia Motors America, Inc.. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) |
| Filing 2 CIVIL Cover Sheet by Kia Motors America, Inc.. (Fukunaga, Kenneth) |
| Filing 1 NOTICE OF REMOVAL by Kia Motors America, Inc. [NOTICE OF REMOVAL; EXHIBITS "1"-"3"; CERTIFICATE OF SERVICE] from Circuit Court of the First Circuit, case number Civil No. 19-1-1279-08. ( Filing fee $ 400 receipt number 0975-2258419), filed by Kia Motors America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Fukunaga, Kenneth) |
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