Day v. Kia America, Inc. et al
Plaintiff: Rita Day
Defendant: Kia America, Inc., Hyundai Motor America, Inc., Hyundai Kia America Technical Center, Inc. and Hyundai Motor America
Case Number: 5:2022cv00202
Filed: August 4, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2022 Filing 22 Proposed Order #20 Approving Motion for Pro Hac Vice of Chelsea McClain Pierce by Rita Day. (Futscher, David) Modified on 9/29/2022 (GLD). Modified on 9/29/2022 (GLD).
September 26, 2022 Opinion or Order Filing 21 ORDER: Chelsea M. Pierce's #20 Motion to Appear Pro Hac Vice is GRANTED. The Court DIRECTS the attorney to Local Civil Rule 7.1(e), which requires that a party filing a motion must also file a separate proposed order. Signed by Judge Karen K. Caldwell on 09/26/2022. (MDC) cc: COR and Chelsea M. Pierce by US Mail
September 26, 2022 BAR STATUS Check completed as to Chelsea M. Pierce re #20 MOTION for Chelsea McClain Pierce to Appear Pro Hac Vice by Rita Day.(MDC)
September 26, 2022 NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Chelsea M. Pierce: re #21 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Chelsea M. Pierce (MDC)
September 26, 2022 ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #20 MOTION for Chelsea McClain Pierce to Appear Pro Hac Vice by Rita Day. (MDC)
September 23, 2022 Filing 20 MOTION for Chelsea McClain Pierce to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5371117) (Attachments: #1 Exhibit Certificate of Good Standing)(Futscher, David)
September 20, 2022 Filing 19 DUPLICATE SUMMONS Returned Executed by Rita Day via SPS to RA to Hyundai Motor America served on 8/23/2022, answer due 12/20/2022. (Soper, Jonathan) Modified to state duplicate entry as to DE #18 on 9/20/2022 (JLM).
September 20, 2022 Filing 18 SUMMONS Returned Executed by Rita Day via SPS to RA to Hyundai Motor America served on 8/23/2022, answer due 12/20/2022. (Soper, Jonathan) Modified on 9/20/2022 (JLM).
September 12, 2022 Opinion or Order Filing 17 ORDER: re #15 Agreed Motion for Extension of Time. Defendants' deadline to file their responsive pleadings shall be and is extended until December 20, 2022. Signed by Judge Karen K. Caldwell on 9/12/22. (JLM)cc: COR, Pierce, Brody and Brennan by U.S. mail. Modified on 9/12/2022 (JLM).
September 12, 2022 ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #15 UNOPPOSED MOTION for Extension of Time by Rita Day (JLM)
September 12, 2022 Attorney Update. Attorney Donald C. Morgan, Michael T. Brody, Peter J. Brennan for Hyundai Kia America Technical Center, Inc., Donald C. Morgan, Michael T. Brody, Peter J. Brennan for Hyundai Motor America, Donald C. Morgan, Michael T. Brody, Peter J. Brennan for Kia America, Inc. added. (JLM)
September 9, 2022 Filing 16 NOTICE OF APPEARANCE by Hyundai Kia America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.. (Osterloh, Morgan)
September 9, 2022 Filing 15 UNOPPOSED MOTION for Extension of Time by Rita Day (Attachments: #1 Proposed Order Order for Ext of Time)(Futscher, David)
September 9, 2022 Filing 14 SUMMONS Returned Executed by Rita Day via Registered Agent - personal to Kia America, Inc. served on 8/23/2022, answer due 9/13/2022. (Futscher, David)
September 7, 2022 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #3 Notice to Attorney Kenneth McClain, #6 Notice to Attorney Chelsea M. Pierce. No admission application or PHV received. (JER)
August 22, 2022 Filing 13 SUMMONS Returned Executed by Rita Day via Private Process Server to Hyundai Kia America Technical Center, Inc. served on 8/19/2022, answer due 9/9/2022. (Soper, Jonathan)
August 18, 2022 Opinion or Order Filing 12 ORDER: granting #11 Motion to Appear Pro Hac Vice for Kevin D. Stanley. Signed by Judge Karen K. Caldwell on 8/18/22. (JLM)cc: COR
August 18, 2022 ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #11 MOTION for Kevin D. Stanley to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5341370) (JLM)
August 18, 2022 BAR STATUS Check completed as to Kevin D. Stanley re #11 MOTION for Kevin D. Stanley to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5341370). (JLM)
August 18, 2022 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO David A. Futscher; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (JLM)
August 17, 2022 Filing 11 MOTION for Kevin D. Stanley to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5341370) (Attachments: #1 Proposed Order Proposed Order)(Futscher, David)
August 17, 2022 Opinion or Order Filing 10 ORDER: granting #9 Motion to Appear Pro Hac Vice for Jonathan M. Soper. The Court DIRECTS the attorney to Local Civil Rule 7.1(e), which requires that a party filing a motion must also file a separate proposed order. Signed by Judge Karen K. Caldwell on 8/17/22. (JLM)cc: COR and Jonathan M. Soper by US Mail
August 17, 2022 NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jonathan M. Soper: A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jonathan M. Soper (JLM)
August 17, 2022 NOTICE OF DEFICIENCY TO David A. Futscher re #9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry.cc: COR (JLM)
August 16, 2022 Filing 9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5339633) (Attachments: #1 Exhibit Certificate of Good Standing)(Futscher, David)
August 16, 2022 ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5339633) (JLM)
August 16, 2022 BAR STATUS Check completed re #9 MOTION for Jonathan M. Soper to Appear Pro Hac Vice by Rita Day ( Filing fee $125; receipt number AKYEDC-5339633). (JLM)
August 11, 2022 Filing 8 Summons Issued as to Hyundai Kia America Technical Center, Inc., Hyundai Motor America, Kia America, Inc.; Summons issued and returned to counsel electronically (Attachments: #1 Summons HMA, #2 Summons HKATCI)(JLM)
August 11, 2022 NOTICE FOR ATTORNEY TO UPDATE ADDRESS to David A. Futscher: It appears the address listed on your filing #7 Notice of Filing, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (JLM)
August 10, 2022 Filing 7 NOTICE OF FILING by Rita Day Summons (Attachments: #1 Summons for Service of Kia America, Inc., #2 Summons for Service of Hyundai Kia America Technical Center, Inc., #3 Summons for Service of Hyundai Motor America)(Futscher, David)
August 4, 2022 Filing 6 NOTICE TO ATTORNEY Chelsea M. Pierce by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM)
August 4, 2022 Filing 5 NOTICE TO ATTORNEY Kevin D. Stanley by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM)
August 4, 2022 Filing 4 NOTICE TO ATTORNEY Jonathan M. Soper by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM)
August 4, 2022 Filing 3 NOTICE TO ATTORNEY Kenneth B. McClain by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM)
August 4, 2022 Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5328298), filed by Rita Day. (Attachments: #1 Civil Cover Sheet)(SAM)
August 4, 2022 NOTICE OF DEFICIENCY TO David Futscher re #1 Complaint; attorney notified clerk the summons should be returned electronically; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number 22-99999. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a document entitled Notice of Filing with the prepared summons as an attachment within 7 calendar days. (SAM) Modified on 8/4/2022 (SAM).
August 4, 2022 Conflict Check run. (SAM)

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Plaintiff: Rita Day
Represented By: Chelsea M. Pierce
Represented By: David A. Futscher
Represented By: Jonathan M. Soper
Represented By: Kenneth B. McClain
Represented By: Kevin D. Stanley
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Defendant: Kia America, Inc.
Represented By: Donald C. Morgan
Represented By: Michael T. Brody
Represented By: Peter J. Brennan
Represented By: Morgan Todd Osterloh
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Defendant: Hyundai Motor America, Inc.
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Defendant: Hyundai Kia America Technical Center, Inc.
Represented By: Donald C. Morgan
Represented By: Michael T. Brody
Represented By: Peter J. Brennan
Represented By: Morgan Todd Osterloh
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Defendant: Hyundai Motor America
Represented By: Donald C. Morgan
Represented By: Michael T. Brody
Represented By: Peter J. Brennan
Represented By: Morgan Todd Osterloh
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