Farque v. Kia America Inc
Plaintiff: Shannon Farque
Defendant: Kia America Inc
Case Number: 2:2023cv00892
Filed: July 6, 2023
Court: US District Court for the Western District of Louisiana
Presiding Judge: James D Cain
Referring Judge: Kathleen Kay
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2023 Filing 20 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Kia America Inc. (aty,Simmons, Samantha)
July 20, 2023 Filing 19 ANSWER to #1 Complaint, with Jury Demand by Kia America Inc.(aty,Simmons, Samantha)
July 20, 2023 Filing 18 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Shannon Farque. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 7/20/2023. (Attorney Kevin R Duck added to party Shannon Farque(pty:pla))(aty,Duck, Kevin) Modified to more accurately idenitfy pleading on 7/21/2023. (Alexander, E)
July 6, 2023 Filing 17 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #14 Transfer Order sent to Kevin Reeve Duck on behalf of Shannon Farque. Diversity Jurisdiction Disclosure Statement due by 7/20/2023. (crt,Alexander, E)
July 6, 2023 Filing 16 DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:23-cv-00246. Original file copy of transfer order and docket sheet received
July 6, 2023 Opinion or Order Filing 15 GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (JEG) [Transferred from Louisiana Middle on 7/6/2023.]
July 6, 2023 Filing 14 JUDGMENT of Transfer to USDC for the Western District of Louisiana. Signed by Chief Judge Shelly D. Dick on 7/5/2023. (JEG) [Transferred from Louisiana Middle on 7/6/2023.]
July 6, 2023 CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Alexander, E)
July 5, 2023 Opinion or Order Filing 13 ORDER: Based on Plaintiff's representation to the Court that she does not object to a transfer of venue in this matter, (RD 12), this #7 Motion is denied in part and granted in part. The #7 Motion to Dismiss is denied; the Motion to Transfer Venue is granted, and this matter is hereby transferred to the United States District Court for the Western District of Louisiana. Signed by Chief Judge Shelly D. Dick on 7/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 7/6/2023.]
June 26, 2023 Filing 12 Notice to Counsel: Considering the pending #7 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue and that Plaintiff has indicated there is no opposition to transferring this matter to the Western District of Louisiana (R. Doc. 11 at 2), the Telephone Scheduling Conference set for 6/29/2023 is CANCELLED. The parties shall contact the chambers of Magistrate Judge Richard L. Bourgeois, Jr. upon a ruling on the motion so appropriate orders may be entered, if necessary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) [Transferred from Louisiana Middle on 7/6/2023.]
June 15, 2023 Filing 11 Joint STATUS REPORT by Shannon Farque. (Duck, Kevin) [Transferred from Louisiana Middle on 7/6/2023.]
June 15, 2023 Filing 10 Corporate Disclosure Statement by KIA America Inc.. (Babin, Samantha) [Transferred from Louisiana Middle on 7/6/2023.]
June 15, 2023 Filing 9 Certificate of Interested Persons by KIA America Inc. identifying Affiliate/Interested Person Kia Motors Corporation, Affiliate/Interested Person Kia Corporation, Inc. for KIA America Inc. (Babin, Samantha) [Transferred from Louisiana Middle on 7/6/2023.]
June 15, 2023 Filing 8 NOTICE OF DEFICIENCY with LR 7.1 as to #7 Motion to Dismiss, Motion to Transfer Venue. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG) [Transferred from Louisiana Middle on 7/6/2023.]
June 14, 2023 Filing 7 MOTION to Dismiss for Improper Venue or Alternatively, Motion to Transfer Venue by KIA America Inc. (Attachments: #1 Attachment Memorandum in Support of Motion to Dismiss, #2 Attachment Proposed Order)(Babin, Samantha). Added MOTION to Transfer Venue on 6/15/2023 (JEG). [Transferred from Louisiana Middle on 7/6/2023.]
May 22, 2023 Opinion or Order Filing 6 ORDER: Pursuant to 28 U.S.C. 1653, on or before 6/23/2023 the plaintiff shall file an amended complaint providing the citizenship of Kia America, Inc., by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Amended Pleadings due by 6/23/2023. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/22/2023. (JEG) [Transferred from Louisiana Middle on 7/6/2023.]
May 15, 2023 Filing 5 SUMMONS Returned Executed by Shannon Farque. KIA America Inc. served on 5/12/2023, answer due 6/2/2023. (Duck, Kevin) [Transferred from Louisiana Middle on 7/6/2023.]
April 20, 2023 Opinion or Order Filing 4 SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 6/29/2023 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 6/15/2023. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/20/2023. (SGO) [Transferred from Louisiana Middle on 7/6/2023.]
March 30, 2023 Filing 3 Summons Issued as to KIA America Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) [Transferred from Louisiana Middle on 7/6/2023.]
March 28, 2023 Filing 2 Certificate of Interested Persons by Shannon Farque (Duck, Kevin) [Transferred from Louisiana Middle on 7/6/2023.]
March 28, 2023 Filing 1 COMPLAINT against KIA America Inc. ( Filing fee $ 402 receipt number ALAMDC-2562007.), filed by Shannon Farque. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons)(Duck, Kevin) [Transferred from Louisiana Middle on 7/6/2023.]

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Plaintiff: Shannon Farque
Represented By: Kevin Reeve Duck
Represented By: Kevin R Duck
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Defendant: Kia America Inc
Represented By: Lance B Williams
Represented By: Samantha Babin Simmons
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