Schneider et al v. BMW of North America, LLC et al
| Oscar Rosario, Rainerio Reyes, Barbara Reyes, John Schneider and Posnett Omonyi |
| Bavarian Motor Works and BMW of North America, LLC |
| HERB CHAMBERS BMW OF SUDBURY |
| 1:2018cv12239 |
| October 26, 2018 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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| Filing 333 STIPULATION by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) |
| Filing 332 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENTFor the foregoing reasons, BMWs Motion for Summary Judgment [Doc. No. 258] is DENIED on the statute of limitations argument as to Schneider and Omonyis claims and as to Reyess breach of express warranty claim and GRANTED as to Reyess breach of implied warranty claim and Reyess 93A claim. The court will address the remaining arguments in BMWs Motion for Summary Judgment [Doc. No. 258] in a subsequent order. See attached. (Dore, Samantha) |
| Filing 331 Judge Indira Talwani: ORDER entered. MEMORANDUM & ORDER. For the foregoing reasons, Plaintiffs Motion to Exclude [Doc. No. 234] is DENIED. BMWs Motion to Exclude [Doc. No. 254] is DENIED as to opinions and testimony that rely on technical or specialized automotive knowledge, including as to facts that BMW should have known; and GRANTED as to opinions and testimony regarding BMWs intent or motivations concerning their handling of oil consumption complaints. See attached. (Dore, Samantha) Modified on 2/22/2022: The parties shall have two weeks to file any objections to unsealing of the order in its entirety, or to designate portions they contend need to remain under seal. (Dore, Samantha). |
| Filing 330 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO SUBJECT MATTER JURISDICTION. See attached. (Dore, Samantha) (Dore, Samantha). |
| Filing 329 NOTICE by Posnett Omonyi, Rainerio Reyes, John Schneider of Filing of Exhibit (Attachments: #1 Exhibit 4 - BMWNA BANG 10889-11058)(Lemberg, Sergei) |
| Filing 328 STATUS REPORT by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) |
| Filing 327 MEMORANDUM OF LAW by BMW of North America, LLC to #326 Notice (Other). (Thompson, Sara) |
| Filing 326 NOTICE by Rainerio Reyes of Supplemental Briefing (Lemberg, Sergei) |
| Filing 325 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 1/26/2022 re: #234 MOTION to Strike and Exclude Defendant's Expert Witness filed by John Schneider, Posnett Omonyi, Rainerio Reyes; #221 MOTION for Partial Summary Judgment filed by John Schneider, Posnett Omonyi, Rainerio Reyes; #314 MOTION for Leave to File Supplement to the Summary Judgment Record filed by John Schneider, Posnett Omonyi, Rainerio Reyes; #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness filed by BMW of North America, LLC; #298 MOTION to Strike #276 Opposition to Motion , in part, and Certain Exhibits Thereto filed by BMW of North America, LLC; #258 MOTION for Summary Judgment filed by BMW of North America, LLC; #244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion, filed by BMW of North America, LLC. Case called. Court heard argument from counsel. Motions taken under advisement; order to issue shortly. Trial date of 3/15/2022 suspended and will be reset; the clerk will advise counsel of the new date. By or before 2/4/2022 a joint statement shall be filed as to which documents are subject to the Protective Order and have not been made public in other proceedings. The filing shall include a statement as to whether the MOTION for Leave to File Supplement to the Summary Judgment Record #314 should be withdrawn. Parties to jointly report to clerk any request for ADR. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Vlad Hirnyk, Sergei Lemberg, Bruce H. Norwell, Philip Semprevivo, Jr., Sara E. Thompson) (MacDonald, Gail) |
| Filing 324 Notice of Supplemental Authorities re #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness (Attachments: #1 Exhibit Ex. A - Grover Order re Motion to Exclude Manzari)(Thompson, Sara) |
| Filing 323 Notice of Supplemental Authorities re #258 MOTION for Summary Judgment (Attachments: #1 Exhibit Ex. A - Rutherford Order)(Thompson, Sara) |
| Filing 322 Withdrawal of motion: #318 MOTION for Leave to File to Submit Supplemented Brief in Support of their Motion for Partial Summary Judgment filed by John Schneider, Posnett Omonyi, Rainerio Reyes.. (Lemberg, Sergei) |
| Filing 321 NOTICE of Supplemental Authority by Posnett Omonyi, Rainerio Reyes, John Schneider (Attachments: #1 Exhibit A - Dkt. 127 - Hurley - Order on Defendant's Motion for Summary Judgment, #2 Exhibit B - 123 Hurley Order Striking Defendant's Experts, #3 Exhibit C - 118 - Hurley Order re Motion to Seal)(Lemberg, Sergei) Modified docket text on 12/22/2021 (Currie, Haley). |
| Filing 320 Notice of Supplemental Authorities re #234 MOTION to Strike and Exclude Defendant's Expert Witness (Attachments: #1 Exhibit Exh. A - Harris Order)(Thompson, Sara) |
| Filing 319 Notice of Supplemental Authorities re #221 MOTION for Partial Summary Judgment , #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness, #258 MOTION for Summary Judgment (Attachments: #1 Exhibit Ex. A - Carroll Order)(Thompson, Sara) |
| Filing 318 MOTION for Leave to File to Submit Supplemented Brief in Support of their Motion for Partial Summary Judgment by Posnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Exhibit A - Hurley Order on Defendant's Motion for Summary Judgment, #2 Exhibit B - Hurley Order Striking Defendant's Experts)(Lemberg, Sergei) |
| Filing 317 ELECTRONIC NOTICE Resetting Hearing on Motion #221 MOTION for Partial Summary Judgment , #258 MOTION for Summary Judgment , #244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion, , #234 MOTION to Strike and Exclude Defendant's Expert Witness, #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness, #298 MOTION to Strike #276 Opposition to Motion , in part, and Certain Exhibits Thereto, #314 MOTION for Leave to File Supplement to the Summary Judgment Record: Motion Hearing set for 1/6/2021, is RESET for 1/26/2022 02:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 316 MEMORANDUM in Opposition re #314 MOTION for Leave to File Supplement to the Summary Judgment Record filed by BMW of North America, LLC. (Attachments: #1 Declaration of Sara E. Thompson, #2 Exhibit A - Clark Dep. Tr. Excerpts)(Thompson, Sara) |
| Filing 315 ELECTRONIC NOTICE Setting Hearing on Motions: #221 MOTION for Partial Summary Judgment , #258 MOTION for Summary Judgment , #244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion, , #234 MOTION to Strike and Exclude Defendant's Expert Witness, #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness, #298 MOTION to Strike #276 Opposition to Motion , in part, and Certain Exhibits Thereto: Motion Hearing set for 1/6/2022 02:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 314 MOTION for Leave to File Supplement to the Summary Judgment Record by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) Modified on 2/7/2022: Withdrawn by Plaintiffs, see Doc. No. 328. (Dore, Samantha). |
| Filing 313 Judge Indira Talwani: ELECTRONIC ORDER granting BMW NAs Motion to Seal #308 the following documents filed in support of and opposition to Plaintiffs Partial Motion for Summary Judgment #221 and Defendants Motion for Summary Judgment #258 : Deposition Transcript of Michael Murray [223-5]; Plaintiffs Partial Motion for Summary Judgment #221 ; Plaintiffs Memorandum in Support of Motion for Partial Summary Judgment #222 ; Defendants Opposition to Plaintiffs Motion for Partial Summary Judgment #226 ; Defendants Statement of Material Facts #227 ; Expert Report of George Alvord [227-6]; Declaration of Michael Murray #228 ; Excerpts of Michael Murray Deposition [243-1]; Oil Consumption Records [243-3]; Records from Bang Class Action [243-4]; Plaintiffs Reply in Support of Motion for Partial Summary Judgment #242 ; Expert Report of Darren Manzar [259-1]; BMW Report No. 36996149 [259-6]; BMW Report No. 44448087 [259-7]; BMW Report No. 44448076 [259-8]; BMW Measure No. US 47133153 [259-9]; BMW Report No. 51828126 [259-11]; BMW Measure No. 52633283-02 [259-12]; BMW Report No. 53752877 [259-13]; BMW PuMA Case 53688928 [259-14]; BMW Measure No. 49242162-05 [259-15]; Expert Report of George Alvord [259-25]; Defendants Motion for Summary Judgment #258 ; Records of Oil Consumption [287- 2]; Bang Oil Repair Records [287-3]; Excerpts of June 18, 2020 Michael Murray Deposition [287-5]; Experts of August 8, 2019 Michael Murray Deposition [287-11]; Plaintiffs Statement of Material Facts in Response to Defendants Motion for Summary Judgment #286 ; and Plaintiffs Opposition to Defendants Motion for Summary Judgment #285 pending further order. Defendant states these documents contain information designated confidential pursuant to the Stipulated Order of Protection #107 , including trade secrets as defined within the meaning of the Massachusetts version of the Uniform Trade Secrets Act, codified at Mass. Gen. Laws c. 93, 42. Consent Mot. to Seal 4-5 [#308]. The documents the Parties filed in lieu of the documents Defendant has moved to seal shall remain on the public docket.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Kelly, Danielle) |
| Filing 312 Opposition re #298 MOTION to Strike #276 Opposition to Motion , in part, and Certain Exhibits Thereto filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Declaration of Vlad Hirnyk, #2 Exhibit A - Plaintiffs' Document Production Demands to BMW)(Lemberg, Sergei) |
| Filing 311 Set/Reset Hearings: Voir Dire set for 3/15/2022 09:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 310 Judge Indira Talwani: ORDER entered ALLOWING #309 Joint Motion for Order to Revise Pre-Trial Procedural Order. (Kelly, Danielle) |
| Filing 309 Joint MOTION for Order to to Revise Pre-Trial Procedural Order with proposed Order by BMW of North America, LLC. (Attachments: #1 Exhibit Proposed Order)(Thompson, Sara) |
| Filing 308 Consent MOTION to Seal documents by BMW of North America, LLC.(Thompson, Sara) |
| Filing 306 Judge Indira Talwani: ELECTRONIC ORDER granting BMWs Motion to Seal #279 the following documents filed in support of Plaintiffs Opposition to BMW NAs Motion to Exclude Plaintiffs Expert Witness #276 : Memorandum of Law #276 , BMWs Internal Reports and Measures [277-3], Excerpts of the Transcript of the August 8, 2019 Deposition of Michael Murray [277-5], Excerpts of the Transcript of the June 18, 2020 Deposition of Michael Murray [277-6], and Excerpts of the AGA Production [277-19] pending further order. Defendant states these documents contain information designated confidential pursuant to the Stipulated Order of Protection [#107], including trade secrets as defined within the meaning of the Massachusetts version of the Uniform Trade Secrets Act, codified at Mass. Gen. Laws c. 93, 42. Consent Motion to Seal 3-4 #279 . The redacted versions of the documents and documents filed in lieu of those BMW has moved to seal shall remain on the public docket.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Kelly, Danielle) |
| Filing 305 Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Defendant BMWs Consent Motion to Seal #261 . Defendants Motion #261 asks the court to seal documents filed in support of Defendants Motion for Summary Judgment #258 , but the Motion #261 includes documents filed by Plaintiffs in support of Plaintiffs Motion Strike and Exclude Defendants Expert Witness #234 . If Defendant seeks an order allowing Defendant to file sealed versions of documents in support of Defendants Motion for Summary Judgment #258 , Defendant should refile a motion listing the correct documents. (Kelly, Danielle) |
| Filing 304 Judge Indira Talwani: ELECTRONIC ORDER granting BMWs Motion to Seal #257 the following documents filed in support of Defendants Motion to Strike and Exclude Plaintiffs Expert Witness #254 : Defendants Expert Witness Report of Darren Manzari [255-1] and Defendants Expert Report of George Alvord [255-9] pending further order. Defendant states these documents contain information designated confidential pursuant to the Stipulated Order of Protection #107 , including trade secrets as defined within the meaning of the Massachusetts version of the Uniform Trade Secrets Act, codified at Mass. Gen. Laws c. 93, 42. Consent Mot. to Seal 3-4 #257 . The documents filed in lieu of the Expert Witness Report of Darren Manzari [255-9] and the Expert Report of George Alvord [255-9] shall remain on the public docket.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Kelly, Danielle) |
| Filing 303 Judge Indira Talwani: ELECTRONIC ORDER granting BMW NAs Motion to Seal #253 the following documents filed in support of and in opposition to Plaintiffs Motion to Strike and Exclude Defendants Expert Witness #234 : Plaintiffs Alvord Report (Schneider) [237-1], Plaintiffs Murray Report (Harris) [237-2], Plaintiffs Luchsinger Report [237-3], Plaintiffs Alvord Transcript Excerpts [237-4], Plaintiffs Murray - Harris to Alvord Opinion One [237-5], Plaintiffs Murray - Harris to Alvord Opinion Two [237-6], Plaintiffs Baker to Alvord Opinion 1 [237-7], Plaintiffs Baker to Alvord Opinion 2 [237-8], Plaintiffs Luchsinger to Alvord Opinion 1 85% [237-9], Plaintiffs Luchsinger to Alvord Opinion 2 87% [237-10], Defendants Exhibit A to the Semprevivo Declaration [249-1], Defendants Exhibit B to the Semprevivo Declaration [249-2], Defendants Erik Luchsinger Expert Report [250-1], and Defendants George Alvord Expert Report [252-1] pending further order. Defendant states these documents contain information designated confidential pursuant to the Stipulated Order of Protection #107 , including trade secrets as defined within the meaning of the Massachusetts version of the Uniform Trade Secrets Act, codified at Mass. Gen. Laws c. 93, 42. Consent Motion to Seal 3-4 #253 . The redacted versions of these documents and documents filed in lieu of those Defendant has moved to seal shall remain on the public docket.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Kelly, Danielle) |
| Filing 302 Judge Indira Talwani: ELECTRONIC ORDER granting BMW NAs Motion to Seal #231 the following documents filed in support of and opposition to Plaintiffs Partial Motion for Summary Judgment #221 : Plaintiffs Exhibit 4 to the Lemberg Declaration [223-4], Plaintiffs Exhibit 6 to the Lemberg Declaration [223-6], Plaintiffs Exhibit 8 to the Lemberg Declaration [223-8], and Defendants Exhibit K to the Response to Plaintiffs Statement of Material Facts [227-11] pending further order. Defendant states all four documents contain information designated confidential pursuant to the Stipulated Order of Protection #107 , including trade secrets as defined within the meaning of the Massachusetts version of the Uniform Trade Secrets Act, codified at Mass. Gen. Laws c. 93, 42. Consent Mot. to Seal 2-3 #231 . The documents the Parties filed in lieu of the documents Defendant has moved to seal shall remain on the public docket.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Kelly, Danielle) |
| Filing 307 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Initial Pretrial Conference held on 9/28/2021. Case called. Court had colloquy with counsel re: two-week jury trial commencing November 1, 2021; trial to be reset to March 2022; counsel to confer and report to the court an agreed-upon Tuesday date for jury selection and submit proposed new deadlines updating #220 PROCEDURAL ORDER re pretrial/trial. Pretrial Conference Final set for 10/26/2021, canceled. Counsel were reminded that all motions require a 7.1 certification. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: John Hein, Sergei Lemberg, Vlad Hirnyk, Bruce H. Norwell, Steven A. Andreacchi) (MacDonald, Gail) |
| Filing 301 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #297 Assented to Motion for Leave to Appear Pro Hac Vice Added Nathan E. Ross. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 300 Disclosure pursuant to Rule 26 by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 299 NOTICE of Appearance by Steven A. Andreacchi on behalf of BMW of North America, LLC (Andreacchi, Steven) |
| Filing 298 MOTION to Strike #276 Opposition to Motion , in part, and Certain Exhibits Thereto by BMW of North America, LLC.(Thompson, Sara) |
| Filing 297 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Nathan E. Ross Filing fee: $ 100, receipt number AMADC-8976661 by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider. (Attachments: #1 Certification of Nathan E. Ross)(Lemberg, Sergei) |
| Filing 296 Disclosure pursuant to Rule 26 by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 295 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #293 Consent Motion for Leave to Appear Pro Hac Vice Added Steven A. Andreacchi. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 294 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #292 Consent Motion for Extension of Time to 09/22/2021 to File Response/Reply as to #285 Memorandum in Opposition to Motion. (Kelly, Danielle) |
| Filing 293 Consent MOTION for Leave to Appear Pro Hac Vice for admission of Steven A. Andreacchi Filing fee: $ 100, receipt number AMADC-8973171 by BMW of North America, LLC. (Attachments: #1 Affidavit Declaration of Bruce H. Norwell, #2 Affidavit Declaration of Steven A. Andreacchi, #3 Text of Proposed Order)(Norwell, Bruce) |
| Filing 292 Consent MOTION for Extension of Time to 09/22/2021 to File Response/Reply as to #285 Memorandum in Opposition to Motion by BMW of North America, LLC. (Attachments: #1 Exhibit Reply Memorandum of Law)(Thompson, Sara) |
| Filing 291 Disclosure pursuant to Rule 26 by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 290 Witness and Exhibit List Pursuant to Fed. R. Civ. P. 26(a)(3)(A) by BMW of North America, LLC.. (Thompson, Sara) |
| Filing 289 DECLARATION re #288 Reply to Response to Motion by BMW of North America, LLC. (Attachments: #1 Exhibit Q-1 - Checklist to SI B11 03 13)(Thompson, Sara) |
| Filing 288 REPLY to Response to #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness filed by BMW of North America, LLC. (Thompson, Sara) |
| Filing 287 DECLARATION re #285 Memorandum in Opposition to Motion by Posnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Exhibit A - Alvord Tr. Excerpts, #2 Exhibit B - Records of certain oil consumption complaints, #3 Exhibit C - Bang Oil Repair Records, #4 Exhibit D - Veren Tr. Excerpts, #5 Exhibit E - Excerpts of the transcript of the June 18, 2020 deposition of Michael Murray, #6 Exhibit F - Reyes Tr. Excerpts, #7 Exhibit G - Omonyi Tr. Excerpts, #8 Exhibit H - Schneider Tr. Excerpts, #9 Exhibit I - Manzari Tr. Excerpts, #10 Exhibit J - SIBs, #11 Exhibit K - Excerpts of the transcript of the August 8, 2019 deposition of Michael Murray, #12 Exhibit L - Luchsinger Tr. Excerpts, #13 Exhibit M - Supplemental Disclosures, #14 Exhibit N - Executed Manzari Affidavit)(Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #15 Exhibit B *SEALED*, #16 Exhibit C *SEALED*, #17 Exhibit E *SEALED*, #18 Exhibit K *SEALED*) (Kelly, Danielle). |
| Filing 286 Statement of Material Facts L.R. 56.1 re #258 MOTION for Summary Judgment filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #1 Plaintiffs' Counterstatement of Material Facts *SEALED*) (Kelly, Danielle). |
| Filing 285 MEMORANDUM in Opposition re #258 MOTION for Summary Judgment filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #1 Memorandum in Opposition *SEALED*) (Kelly, Danielle). |
| Filing 284 Judge Indira Talwani: ELECTRONIC ORDER granting #283 Consent Motion for Extension of Time to File Response/Reply re #258 MOTION for Summary Judgment . Responses due by September 7, 2021. (Kelly, Danielle) |
| Filing 283 Consent MOTION for Extension of Time to September 7, 2021 to File Response/Reply as to #258 MOTION for Summary Judgment by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 282 Judge Indira Talwani: ELECTRONIC ORDER granting #278 Consent Motion for Leave to File Reply in Further Support of Motion to Exclude Plaintiffs Expert Witness (Docket No. 276). Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 281 DECLARATION re #280 Opposition to Motion by BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A - Rick Veren Dep. Tr._Redacted, #2 Exhibit Exhibit B - Erik Luchsinger Dep. Tr._Redacted)(Thompson, Sara) (Attachment 1 replaced on 9/1/2021) (Kelly, Danielle). (Attachment 2 replaced on 9/1/2021) (Kelly, Danielle). Modified on 9/1/2021: Replaced Exhibits with corrected PDF formatted document due to originals being unable to open (Kelly, Danielle). |
| Filing 280 Supplemental Opposition re #221 MOTION for Partial Summary Judgment filed by BMW of North America, LLC. (Thompson, Sara) |
| Filing 279 Consent MOTION to Seal Document #276 Opposition to Motion TO IMPOUND CONFIDENTIAL MATERIALS by BMW of North America, LLC.(Thompson, Sara) |
| Filing 278 Consent MOTION for Leave to File REPLY IN FURTHER SUPPORT OF MOTION TO EXCLUDE PLAINTIFFS EXPERT WITNESS (Docket No. 276) by BMW of North America, LLC.(Thompson, Sara) |
| Filing 277 DECLARATION re #276 Opposition to Motion of Sergei Lemberg by Posnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Exhibit A - CV of Darren Manzari, #2 Exhibit B - Service Information Bulletins, #3 Exhibit C - Face Page to BMW's Internal Reports and Measures, #4 Exhibit D - Darren Manzari 05-05-2021 Transcript Excerpts, #5 Exhibit E - Face Page to Michael Murray 08-08-2019 Transcript Excerpts, #6 Exhibit F - Face Page to Michael Murray 06-18-2020 Transcript Excerpts, #7 Exhibit G-1 - BMWNA BANG 14099-16006 7 States Oil (White) - REDACTED, #8 Exhibit G-2 - Pages 1 to 600 from BMWNA BANG 16007-17795 7 States (Yellow) - REDACTED, #9 Exhibit G-3 - Pages 601 to 1,200 from BMWNA BANG 16007-17795 7 States (Yellow) - REDACTED, #10 Exhibit G-4 - Pages 1,201 to 1,500 from BMWNA BANG 16007-17795 7 States (Yellow) - REDACTED, #11 Exhibit G-5 - BMWNA BANG 16007-17795 7 States (Yellow) - REDACTED, #12 Exhibit G-6 - Pages 1,722 to 1,789 from BMWNA BANG 16007-17795 7 States (Yellow) - REDACTED, #13 Exhibit G-7 - Pages 1 to 499 from BMWNA BANG 17796-18814 Remaining States (White) - REDACTED, #14 Exhibit G-8 - BMWNA BANG 17796-18814 Remaining States (White) - REDACTED, #15 Exhibit G-9 - BMWNA BANG 17796-18814 Remaining States (White) - REDACTED, #16 Exhibit G-10 - BMWNA BANG 17796-18814 Remaining States (White) - REDACTED, #17 Exhibit H - Richard Veren 08-05-2021 Transcript Excerpt, #18 Exhibit I - Erik Luchsinger 07-29-2021 Transcript Excerpt, #19 Exhibit J - Face Page to AGA Production)(Lemberg, Sergei) (Additional attachment(s) added on 10/1/2021: #24 Exhibit C *SEALED, #25 Exhibit E *SEALED*, #26 Exhibit F *SEALED*, #27 Exhibit J *SEALED*) (Kelly, Danielle). |
| Filing 276 Opposition re #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 10/1/2021: #1 Opposition *SEALED*) (Kelly, Danielle). |
| Filing 275 Judge Indira Talwani: ELECTRONIC ORDER granting #274 Motion to Continue Pre-Trial Conference. Initial Pretrial Conference set for 9/21/2021 is RESET to 9/28/2021 04:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Kelly, Danielle) |
| Filing 274 MOTION to Continue Pre-Trial Conference to 09/28/2021 Consented by all Parties by BMW of North America, LLC.(Thompson, Sara) |
| Filing 273 MEMORANDUM OF LAW by Posnett Omonyi, Rainerio Reyes, John Schneider to #221 MOTION for Partial Summary Judgment . (Attachments: #1 Exhibit A - Rick Veren 08-05-2021 Deposition Transcript Excerpt, #2 Exhibit B - Erik Luchsinger 07-29-2021 Deposition Transcript Excerpt)(Lemberg, Sergei) |
| Filing 272 NOTICE Resetting a Hearing. Initial Pretrial Conference set for 9/14/2021 is RESET for 9/21/2021 04:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 271 Judge Indira Talwani: ELECTRONIC ORDER granting #270 Plaintiffs' Consent Motion to Extend Deadline for Plaintiffs to Respond to Defendant's #258 Motion for Summary Judgment. Plaintiffs shall file their response no later than September 3, 2021. (Kelly, Danielle) |
| Filing 270 Consent MOTION for Extension of Time to Deadline for Plaintiffs to Respond to Defendant's Motion for Summary Judgment to File Response/Reply as to #258 MOTION for Summary Judgment by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 269 Judge Indira Talwani: ELECTRONIC ORDER granting #268 Consent Motion for Leave to Supplement the Summary Judgment Record. Plaintiffs are granted leave to supplement the summary judgment record with (a) deposition transcript of Erick Luchsinger, (b) deposition transcript of Richard Veren, (c) supplemented report by Plaintiffs' expert witness Darren Manzari, and (d) supplemental memorandum of law limited to two pages. Defendant may respond no later than August 31, 2021. Absent leave of court, Defendant's responsive memorandum of law is also limited to two pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 268 Consent MOTION for Leave to File Supplement the Summary Judgment Record by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 267 Judge Indira Talwani: ELECTRONIC ORDER granting #266 Consent Motion for Extension of Time to File Response/Reply re #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness Responses due by August 27, 2021. (Kelly, Danielle) |
| Filing 266 Consent MOTION for Extension of Time to August 27, 2021 to File Response/Reply as to #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 265 Notice of Supplemental Authorities re #221 MOTION for Partial Summary Judgment , #258 MOTION for Summary Judgment , #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness , [226-228] BMW's Opposition to Plaintiff's Motion for Partial SJ, filed by BMW of North America, LLC. (Attachments: #1 Exhibit "A" _ Order 6 Aug 2021)(Semprevivo, Philip) |
| Filing 264 REPLY to Response to #234 MOTION to Strike and Exclude Defendant's Expert Witness filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) |
| Filing 263 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #262 Consent Motion for Leave to File Reply in Support of Plaintiffs' Motion to Strike and Exclude Expert Witness. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 262 Consent MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Strike and Exclude Expert Witness by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 261 Consent MOTION to Seal and Impound Documents by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 260 MEMORANDUM in Support re #258 MOTION for Summary Judgment filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 259 AFFIDAVIT of Philip C. Semprevivo in Support re #258 MOTION for Summary Judgment filed by BMW of North America, LLC. (Attachments: #1 Ex. A Redaction Page, #2 Ex. B - SI B11 05 84, #3 Ex. C - Owner's Manual Excerpts, #4 Ex. D - NVLW Excerpts, #5 Ex. E - Murray Dep Excerpts, #6 Ex. F Redaction Page, #7 Ex. G Redaction Page, #8 Ex. H Redaction Page, #9 Ex. I Redaction Page, #10 Ex. J - SI B11 07.12, #11 Ex. K Redaction Page, #12 Ex. L Redaction Page, #13 Ex. M Redaction Page, #14 Ex. N Redaction Page, #15 Ex. O Redaction Page, #16 Ex. P - SI B11 01 13, #17 Ex. Q - SI B11 03 13, #18 Ex. R - BMW Engine Oil Consumption Brochure, #19 Ex. S - SI B11 08 15, #20 Ex. T - SIB 01 16 15, #21 Ex. U - Alvord Dep Excerpts, #22 Ex. V - Reyes Dep Excerpts, #23 Ex. W - Reyes WVI, #24 Ex. X - Reyes ROs, #25 Ex. Y Redaction Page, #26 Ex. Z - Omonyi Dep Excerpts, #27 Ex. AA - Omonyi WVI, #28 Ex. BB - Omonyi ROs, #29 Ex. CC - Schneider Dep Excerpts, #30 Ex. DD - Schneider WVI, #31 Ex. EE - Schneider ROs)(Semprevivo, Philip) (Additional attachment(s) added on 10/13/2021: #32 Exhibit F *SEALED*, #33 Exhibit G *SEALED*, #34 Exhibit H *SEALED*, #35 Exhibit I *SEALED*, #36 Exhibit K *SEALED*, #37 Exhibit L *SEALED*, #38 Exhibit M *SEALED*, #39 Exhibit N *SEALED*, #40 Exhibit O *SEALED*, #41 Exhibit Y *SEALED*) (Kelly, Danielle). (Additional attachment(s) added on 10/14/2021: #42 Exhibit A *SEALED*) (Kelly, Danielle). |
| Filing 258 MOTION for Summary Judgment by BMW of North America, LLC.(Semprevivo, Philip) (Additional attachment(s) added on 10/13/2021: #1 MOTION for Summary Judgment *SEALED*) (Kelly, Danielle). |
| Filing 257 Consent MOTION to Seal and Impound Documents by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 256 MEMORANDUM in Support re #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 255 AFFIDAVIT of Philip C. Semprevivo, Esq. in Support re #254 MOTION to Strike and Exclude Plaintiffs' Expert Witness filed by BMW of North America, LLC. (Attachments: #1 Exhibit Ex A_EXPERT REPORT OF D. MANZARI 30 Mar 2021_REDACTION Pg Only, #2 Exhibit Ex B_Manzari Dep Trans _30 Dec 2020_ Excerpt, #3 Exhibit Ex C_ Manzari Dep Trans 5 May 2021_Excerpt, #4 Exhibit Ex D_Alvord Dep Trans_13 May 2021_Excerpt, #5 Exhibit Ex E_Inspection Checklist, #6 Exhibit Ex F_Kryvenko Dep Trans 29 Dec 2020_Excerpt, #7 Exhibit Ex G_Inspection Checklist_Revised, #8 Exhibit Ex H_Engine Inspection Protocol, #9 Exhibit Ex I_Alvord Expert Rpt_30 Apr 2021 _REDACTION PG Only, #10 Exhibit Ex J_Murray Dep Trans_Excerpt 18 Jun 2020)(Semprevivo, Philip) (Additional attachment(s) added on 10/1/2021: #11 Exhibit A *SEALED*, #12 Exhibit I *SEALED*) (Kelly, Danielle). |
| Filing 254 MOTION to Strike and Exclude Plaintiffs' Expert Witness by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 253 Consent MOTION to Seal /Impound Documents by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 252 DECLARATION re #248 Memorandum in Opposition to Motion of George Alvord by BMW of North America, LLC. (Attachments: #1 Exhibit "A"_Expert Report Redacted)(Semprevivo, Philip) (Additional attachment(s) added on 10/1/2021: #2 Exhibit A *SEALED*) (Kelly, Danielle). |
| Filing 251 DECLARATION re #248 Memorandum in Opposition to Motion of Michael Murray by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 250 DECLARATION re #248 Memorandum in Opposition to Motion of Erik Luchsinger by BMW of North America, LLC. (Attachments: #1 Exhibit "A"_Expert Report Redacted)(Semprevivo, Philip) (Attachment 1 replaced on 7/30/2021) (Kelly, Danielle). Modified on 7/30/2021: Replaced Exhibit with corrected pdf format of document (Kelly, Danielle). (Additional attachment(s) added on 10/1/2021: #2 Exhibit A *SEALED*) (Kelly, Danielle). |
| Filing 249 DECLARATION re #248 Memorandum in Opposition to Motion [Doc. No. 234] by BMW of North America, LLC. (Attachments: #1 Exhibit "A"_Redaction Page only Manzari Expert Witness Report, #2 Exhibit "B"_Redaction Page only_Alvord Deposition Transcript, #3 Exhibit "C"_Murray Deposition Transcript Excerpt)(Semprevivo, Philip) (Additional attachment(s) added on 10/1/2021: #4 Exhibit A *SEALED*, #5 Exhibit B *SEALED*) (Kelly, Danielle). |
| Filing 248 MEMORANDUM in Opposition re #234 MOTION to Strike and Exclude Defendant's Expert Witness filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 247 Opposition re #244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion,,,, filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) |
| Filing 246 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #245 Consent Motion for Extension of Time to July 26, 2021 to File Response/Reply as to #244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion. (Kelly, Danielle) |
| Filing 245 Consent MOTION for Extension of Time to July 26, 2021 to File Response/Reply as to #244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion,,,, by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 244 MOTION to Strike #242 Reply to Response to Motion, #243 Affidavit in Support of Motion,,,, by BMW of North America, LLC.(Thompson, Sara) |
| Filing 243 AFFIDAVIT of Sergei Lemberg in Support re #221 MOTION for Partial Summary Judgment and in Further Support of REPLY filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider. (Attachments: #1 Exhibit 1 - Michael Murray Deposition Transcript Excerpt - Redacted, #2 Exhibit 2 - George Alvord Deposition Transcript Excerpt, #3 Exhibit 3 - Oil Consumption Repair Records - Redacted, #4 Exhibit 4 - Oil Consumption Repair Records produced in Bang case - Redacted, #5 Exhibit 5A - Customer Service Request Details, #6 Exhibit 5B - Customer Service Request Details, #7 Exhibit 5C - Customer Service Request Details, #8 Exhibit 5D - Customer Service Request Details, #9 Exhibit 5E - Customer Service Request Details, #10 Exhibit 5F - Customer Service Request Details, #11 Exhibit 5G - Customer Service Request Details, #12 Exhibit 5H - Customer Service Request Details, #13 Exhibit 5I - Customer Service Request Details, #14 Exhibit 5J - Customer Service Request Details)(Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #15 Exhibit 1 *SEALED*, #16 Exhibit 3 *SEALED*, #17 Exhibit 4 *SEALED*) (Kelly, Danielle). |
| Filing 242 REPLY to Response to #221 MOTION for Partial Summary Judgment filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #1 Plaintiffs' Reply Memorandum of Law *SEALED*) (Kelly, Danielle). |
| Filing 241 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #240 Second Motion for Extension of Time to June 28, 2021 to File Response/Reply as to #226 Memorandum in Opposition to Motion. (Kelly, Danielle) |
| Filing 240 Second MOTION for Extension of Time to June 28, 2021 to File Response/Reply as to #226 Memorandum in Opposition to Motion by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 239 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #238 Consent Motion for Extension of Time to File Response/Reply re #234 MOTION to Strike and Exclude Defendant's Expert Witness. Responses due by 7/30/2021. (Kelly, Danielle) |
| Filing 238 Consent MOTION for Extension of Time to 07/30/2021 to File Response/Reply as to #234 MOTION to Strike and Exclude Defendant's Expert Witness by BMW of North America, LLC.(Thompson, Sara) |
| Filing 237 REDACTION to #235 Memorandum in Support of Motion (Redacted Exhibits attached) byPosnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Exhibit A - Alvord Report (Schneider) - REDACTED, #2 Exhibit B - Murray Report (Harris) - REDACTED, #3 Exhibit E - Luchsinger Report - REDACTED, #4 Exhibit F - Alvord Tr. Excerpts - REDACTED, #5 Exhibit I - Murray-Harris to Alvord Opinion One - REDACTED, #6 Exhibit J - Murray-Harris to Alvord Opinion Two - REDACTED, #7 Exhibit P - Baker to Alvord Opinion 1 - REDACTED, #8 Exhibit Q - Baker to Alvord Opinion 2 - REDACTED, #9 Exhibit V - Luchsinger to Alvord Opinion 1 - 85% - REDACTED, #10 Exhibit W - Luchsinger to Alvord Opinion 2 - 87% - REDACTED)(Lemberg, Sergei) (Additional attachment(s) added on 10/1/2021: #11 Exhibit A *SEALED*, #12 Exhibit B *SEALED*, #13 Exhibit E *SEALED*, #14 Exhibit F *SEALED*, #15 Exhibit I *SEALED*, #16 Exhibit J *SEALED*, #17 Exhibit P *SEALED*, #18 Exhibit Q *SEALED*, #19 Exhibit V *SEALED*, #20 Exhibit W *SEALED*) (Kelly, Danielle). |
| Filing 236 DECLARATION re #235 Memorandum in Support of Motion by Posnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Exhibit C - Murray-Harris Supplemental Report, #2 Exhibit D - Murray-Baker Report, #3 Exhibit G - Murray Tr. Excerpts, #4 Exhibit H - Murray-Harris to Alvord Introduction, #5 Exhibit K - Murray-Harris to Alvord Opinion Three, #6 Exhibit L - Murray-Harris Supplemental to Alvord Opinion Three, #7 Exhibit M - Murray-Harris Supplemental to Alvord Opinion Four, #8 Exhibit N - Murray-Harris Supplemental to Alvord Opinion Five, #9 Exhibit O - Baker to Alvord Introduction, #10 Exhibit R - Baker to Alvord Opinion 3, #11 Exhibit S - Baker to Alvord Opinion 4, #12 Exhibit T - Baker to Alvord Opinion 5, #13 Exhibit U- Luchsinger to Alvord Intro - 93%, #14 Exhibit X- Luchsinger to Alvord Opinion 3 - 46%, #15 Exhibit Y- Luchsinger to Alvord Opinion 4 - 89%, #16 Exhibit Z- Lucshinger to Alvord Opinion 5 - 95%)(Lemberg, Sergei) |
| Filing 235 MEMORANDUM in Support re #234 MOTION to Strike and Exclude Defendant's Expert Witness filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) |
| Filing 234 MOTION to Strike and Exclude Defendant's Expert Witness by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 233 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #232 Consent Motion for Extension of Time to June 25, 2021 to File Response/Reply as to #226 Memorandum in Opposition to Motion. (Kelly, Danielle) |
| Filing 232 Consent MOTION for Extension of Time to June 25, 2021 to File Response/Reply as to #226 Memorandum in Opposition to Motion by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 231 Consent MOTION to Seal /Impound Documents by BMW of North America, LLC.(Thompson, Sara) |
| Filing 230 Case no longer referred to Magistrate Judge Judith G. Dein. (Geraldino-Karasek, Clarilde) |
| Filing 229 ELECTRONIC NOTICE issued requesting courtesy copy for: #221 MOTION for Partial Summary Judgment , #222 Memorandum in Support of Motion, #223 Declaration, #226 Memorandum in Opposition to Motion, #227 Statement of Material Facts L.R. 56.1, #228 Declaration. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by June 8, 2021. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (Kelly, Danielle) |
| Filing 228 DECLARATION of Michael Murray re #227 Statement of Material Facts L.R. 56.1,, by BMW of North America, LLC. (Thompson, Sara) Modified on 6/1/2021: Corrected docket text (Kelly, Danielle). (Additional attachment(s) added on 10/13/2021: #1 Declaration of Michael Murray *SEALED*) (Kelly, Danielle). |
| Filing 227 Statement of Material Facts L.R. 56.1 re #221 MOTION for Partial Summary Judgment (Response to Doc. No. 221) filed by BMW of North America, LLC. (Attachments: #1 Exhibit A - Owner's Manual Excerpts, #2 Exhibit B - Warranty Excerpts, #3 Exhibit C - Omonyi Dep Excerpts, #4 Exhibit D - SI B11 05 84, #5 Exhibit E - Omonyi ROs, #6 Exhibit F - Decl and Expert Report, #7 Exhibit G - Schneider Dep Excerpts, #8 Exhibit H - Schneider ROs, #9 Exhibit I - Reyes Dep Excerpts, #10 Exhibit J - Reyes ROs, #11 Exhibit K - Redacted, #12 Exhibit L - SI B11 08 15, #13 Exhibit M - BMW Class Notice)(Thompson, Sara) (Additional attachment(s) added on 10/1/2021: #14 Exhibit K *SEALED*) (Kelly, Danielle). (Additional attachment(s) added on 10/13/2021: #15 Response to Statement of Material Facts *SEALED*, #16 Exhibit F *SEALED*) (Kelly, Danielle). |
| Filing 226 MEMORANDUM in Opposition re #221 MOTION for Partial Summary Judgment filed by BMW of North America, LLC. (Thompson, Sara) (Additional attachment(s) added on 10/13/2021: #1 MEMORANDUM in Opposition *SEALED*) (Kelly, Danielle). |
| Filing 225 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #224 Consent Motion for Extension of Time to File Response/Reply re #221 MOTION for Partial Summary Judgment . Responses due by May 28, 2021. (Kelly, Danielle) |
| Filing 224 Consent MOTION for Extension of Time to May 28, 2021 to File Response/Reply as to #221 MOTION for Partial Summary Judgment by BMW of North America, LLC.(Thompson, Sara) |
| Filing 223 DECLARATION re #221 MOTION for Partial Summary Judgment by Posnett Omonyi, Rainerio Reyes, John Schneider. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Lemberg, Sergei) (Additional attachment(s) added on 10/1/2021: #12 Exhibit 4 *SEALED*, #13 Exhibit 6 *SEALED*, #14 Exhibit 8 *SEALED*) (Kelly, Danielle). (Additional attachment(s) added on 10/13/2021: #15 Exhibit 5 *SEALED*) (Kelly, Danielle). |
| Filing 222 MEMORANDUM in Support re #221 MOTION for Partial Summary Judgment filed by Posnett Omonyi, Rainerio Reyes, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #1 Memorandum in Support *SEALED*) (Kelly, Danielle). |
| Filing 221 MOTION for Partial Summary Judgment by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) (Additional attachment(s) added on 10/13/2021: #1 MOTION for Partial Summary Judgment *SEALED*) (Kelly, Danielle). |
| Filing 220 Judge Indira Talwani: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Please see attached. (Kelly, Danielle) |
| Filing 219 Response by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider to #218 Response (Defendant's Position Statement Regarding Impoundment of Confidential Materials). (Lemberg, Sergei) |
| Filing 218 Response by BMW of North America, LLC to 215 Status Conference,, Regarding Continued Impoundment of Discovery Materials. (Semprevivo, Philip) |
| Filing 217 Judge Indira Talwani: ELECTRONIC ORDER: allowing Stipulation and Request to Modify Scheduling Order #216 . Expert disclosures pursuant to Fed. R. Civ. P. 26(b)(4) shall be filed by Plaintiffs by March 31, 2021, and by Defendant by April 30, 2021; Plaintiffs' Expert(s) shall be deposed by May 7, 2021; Defendant's Expert(s) shall be deposed by May 14, 2021; and Dispositive Motions shall be filed by July 30, 2021. The case is set for trial a two week trial commencing November 1, 2021, but may be continued to accommodate criminal trials or older civil matters. (Kelly, Danielle) |
| Filing 216 Joint MOTION to Modify Scheduling Order with Request to So-Order Stipulation by BMW of North America, LLC.(Thompson, Sara) |
| Filing 215 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 3/15/2021. Case called. Court had colloquy with counsel. Plaintiffs Motion For Extension Of Time To Reassert Their Objections #206 denied as Moot. The parties shall agree to be bound by the other case or shall file a renewed motion in 3 days. In two weeks, Deft. shall file a position statement re: impounding documents. A joint proposed amended schedule re: expert disclosures to be filed. Fact discovery complete; disp. motions due 6/30/21. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: John Hein, Sergei Lemberg, Philip Semprevivo, Sara E. Thompson) (MacDonald, Gail) |
| Filing 214 Judge Indira Talwani: ELECTRONIC ORDER OVERULING Plaintiffs' Objections #178 to Magistrate Judge's Orders #165 , #171 , denying in part and granting in part Plaintiffs' Motion to Compel Production of Documents and for Sanctions #137 . A district judge may set aside a pretrial ruling of a magistrate judge only "where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); see also Fed. R. Civ. P. 72(a). The "clearly erroneous" standard applies to the Magistrate Judge's findings of fact and conclusions drawn therefrom and requires that the reviewing court sustain the Magistrate Judge's factual findings except when, "after scrutinizing the entire record, [the court] form[s] a strong, unyielding belief that a mistake has been made." Phinney v. Wentworth Douglas Hosp., 199 F.3d 1, 4 (1st Cir. 1999). The "contrary to law" standard applies to the Magistrate Judge's conclusions of law and, as to those, the district court's review is plenary. See PowerShare, Inc. v. Syntel, Inc., 597 F.3d 10, 15 (1st Cir. 2010) ("[F]or questions of law, there is no practical difference between review under Rule 72(a)'s 'contrary to law' standard and review under Rule 72(b)'s de novo standard"). Here, while Plaintiffs contend that the Magistrate Judge's rulings were contrary to law, see Pls.' Objs. 3 #178 , their challenge is to discretionary determinations as to what constitutes relevant and proportional discovery. Accordingly, the court considers Plaintiffs' objections under the "clearly erroneous" standard and concludes that Plaintiffs' objections do not demand that the court reconsider the Magistrate Judge's Orders. Document Groups A and BPlaintiffs first challenge the Magistrate Judge's Orders as to two groups of documents identified as Groups A and B. Document groups A and B sought production of records from BMW that relate to the oil consumption issue Plaintiffs' vehicles are alleged to suffer. Specifically, Plaintiffs demanded internal BMW documents and customer complaints/records regarding oil consumption issues associated with all vehicles of the same year, make, and model as Plaintiffs' vehicles. BMW objected and sought to narrow the production. The Magistrate Judge acknowledged Plaintiffs' claim that the documents were needed in support of their contention that BMW failed to disclose and/or act upon information known to it, and to defend against BMW's contention that Plaintiffs' claim are time-barred. See Order 2 #171 . The Magistrate Judge concluded, however, that BMW's proposed production was sufficient and proportional to the needs of the case and that any further production would not be relevant to Plaintiffs' claims and/or cumulative. See Orders #165 #171 ; see also Hr'g Tr. 183 . Plaintiffs argue that the Magistrate Judge's Orders fail to provide "clear guidance." Any such ambiguity, however, is a result of how Plaintiffs litigated the issue before the Magistrate Judge and not a result of clear error in the Magistrate Judge's ruling. Furthermore, to the extent Plaintiffs sought "guidance," the appropriate action would have been for Plaintiffs to seek clarification from the Magistrate Judge. Plaintiffs claim further that the Orders are contrary to a previous ruling made by the court, which Plaintiffs construe to mean that all documents concerning vehicles of the same year, make, and model as Plaintiffs should be produced. The court's ruling, however, was plainly limited to the documents at issue at the time (documents that the Magistrate Judge, in that instance, ordered Defendants to produce). Plaintiffs also assert that the Magistrate Judge's rulings are contrary to decisions made by other courts. While other courts' rulings and reasoning may constitute persuasive authority, they do not control here on a review of this discretionary decision for clear error. Finally, Plaintiffs' argument that the requested production would place minimal burden on Defendant misses the point that the Magistrate Judge concluded that the additional production was either not relevant or cumulative. Document Group FDocument Group F sought production of emails from BMW NA's Senior Product Engineer, Michael Murray, relating to the oil consumption issue. Plaintiffs complain that their document request demanded production of all emails relating to oil consumption in the affected engines while the Magistrate Judge only compelled production of "emails that relate to or explain the reports that have been produced." To the extent that Plaintiffs' argument is that the Magistrate Judge inadvertently narrowed the production from the scope set forth in Plaintiffs' document request, the appropriate course would have been to seek clarification or reconsideration from the Magistrate Judge, not an order from the court setting aside her ruling. In any event, the Magistrate Judge's Order limiting the production to emails that relate to or explain the reports is consistent with her rulings relating to Documents Groups A and B insofar as it limited Defendant's production to emails directly associated with the produced reports. As Defendant points out, at the hearing on the motion to compel, Plaintiffs did not articulate the relevance of their initial broad request. See Def.'s Resp. 11 #185 (citing Hr'g Tr. 29:1-4). Likewise, Plaintiffs' objection to the Magistrate Judge's order also fails to articulate the relevancy of the broader email request in light of the emails and documents that have already been produced. See Pls.' Objs. 10-11 #178 . Where the Magistrate Judge's order reflects her evaluation that a more limited production is appropriate in light of the limited relevancy, cumulative nature, and potential burden of a more expansive production, the court finds no clear error. (Kelly, Danielle) |
| Filing 213 NOTICE re 210 Order- Status Conference set for 3/15/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing/conference will not be conducted by telephone and will instead be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 212 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #211 Motion for Leave to Appear Pro Hac Vice Added John Hein. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 211 MOTION for Leave to Appear Pro Hac Vice for admission of John Hein Filing fee: $ 100, receipt number 0101-8645240 by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider. (Attachments: #1 Certification of John Hein)(Lemberg, Sergei) |
| Filing 210 Judge Indira Talwani: ELECTRONIC ORDER allowing #209 Joint Motion to Modify Scheduling Order. All fact discovery, including non-expert depositions, to be completed by March 15, 2021. Dispositive Motions filed by June 30, 2021. All deadlines for the designation of the parties' trial experts, as well as the disclosure of the information contemplated by Fed. R. Civ. P. 26(a)(2) are continued, to be reset at the Status Conference. Status Conference set for 2/3/2021 is reset for 3/15/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This conference will be held by telephone. The parties are instructed to call 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (Kelly, Danielle) |
| Filing 209 Joint MOTION to Modify Scheduling Order [Dkt No. 194] by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 208 Opposition re #206 MOTION for Extension of Time to March 8, 2021 to File Plaintiffs' Motion to Reassert their Objection Pertaining to the Magistrate Order Denying Production of Bang Litigation Documents filed by BMW of North America, LLC. (Thompson, Sara) |
| Filing 207 Judge Indira Talwani: ELECTRONIC ORDER granting in part, reserving in part, Plaintiffs' Motion for Extension of Time #206 . Plaintiffs' time to reassert the portion of their Objection relating to the Bang litigation documents was previously extended to fourteen days after Defendant produced the Index in the Hurley matter. Plaintiffs report that the Index was produced on January 8, 2021, such that Plaintiffs' reasserted Objection was due on January 22, 2021. Plaintiffs request that the deadline be further extended to allow the court in Hurley to rule on disputes in that case regarding outstanding Bang litigation documents. Plaintiffs ask in the alternative for three days from a denial of this Motion to reassert their objection.The court extends Plaintiffs' time to reassert the portion of their Objection relating to the Bang litigation documents until at least three days from the date the court rules on the remainder of Plaintiffs' extension request. The court defers ruling on the remainder of the motion until Defendant has had an opportunity to respond. (Kelly, Danielle) |
| Filing 206 MOTION for Extension of Time to March 8, 2021 to File Plaintiffs' Motion to Reassert their Objection Pertaining to the Magistrate Order Denying Production of Bang Litigation Documents by Posnett Omonyi, Rainerio Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 205 Electronic Clerk's Notes for proceedings held by video conference before Magistrate Judge Judith G. Dein: Hearing held on 1/13/2021.On January 13, 2021, this court held a hearing to address the discovery dispute described by the defendant in its January 8, 2021 letter to the court (Docket No. 202). After consideration of the parties arguments, it is hereby ORDERED that the cost of towing Mr. Omonyis car to the inspection site shall be divided equally (50/50) between the parties, provided the car is towed to the agreed upon location in New Hampshire (Court Reporter: Zoom recorder.)(Attorneys present: Himyk and Thompson) (Quinn, Thomas) |
| Filing 204 ELECTRONIC NOTICE of Hearing: PRE-MOTION CONFERENCE SET FOR 1/13/2021 02:30 PM before Magistrate Judge Judith G. Dein. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Geraldino-Karasek, Clarilde) |
| Filing 203 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered on Letter/Request for Pre-Motion Conference (Docket No. #202 )-ALLOWED. (Geraldino-Karasek, Clarilde) |
| Filing 202 Letter/request (non-motion) from BMW of North America, LLC Requesting Pre-Motion Telephonic Conference. (Thompson, Sara) |
| Filing 201 Judge Indira Talwani: Electronic Order entered granting Plaintiffs' Motion to Partially Withdraw Their Objection to the Magistrate Judge's Ruling #200 . The court accepts as withdrawn Plaintiffs' argument that the Magistrate Judge erred by denying Plaintiffs' Motion to Compel #137 to the extent it requested that Defendant produce an index of all documents collected and produced in the related class action Bang v. BMW of North America, LLC et al., No. 2:15-cv-6945 (D.N.J.) Plaintiffs may reassert their objection to the Magistrate Judge's order no later than 14 days after Defendant produces to Plaintiffs' counsel the index of documents pursuant to the order entered in Hurley et al v. BMW of North America, LLC et al., 2:18-cv-05320 (E.D. Pa.). (Kelly, Danielle) |
| Filing 200 MOTION to Withdraw #178 Objection (to Partially Withdraw their Objection Pertaining to the Magistrate Order Denying Production of Bang Litigation Documents) by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 199 Response by BMW of North America, LLC to #198 Memorandum of Law . (Thompson, Sara) |
| Filing 198 Plaintiffs' SUPPLEMENTAL MEMORANDUM by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider to #178 Objection. (Lemberg, Sergei) Modified on 12/9/2020: Corrected docket text (Kelly, Danielle). |
| Filing 197 Judge Indira Talwani: ELECTRONIC ORDER granting in part and denying in part Plaintiffs' Motion to Submit Supplement Briefing #195 . The court follows the procedure for supplemental briefing set forth in Federal Rule of Appellate Procedure 28(j). Accordingly, Plaintiffs may promptly file a brief, with the body limited to 350 words, identifying the significance of the citation to an issue previously raised by Plaintiffs. Defendants may file a response, so long as the response is filed promptly and is similarly limited in length. (Kelly, Danielle) |
| Filing 196 Opposition re #195 MOTION for Leave to File Supplement Briefing filed by BMW of North America, LLC. (Thompson, Sara) |
| Filing 195 MOTION for Leave to File Supplement Briefing by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, John Schneider.(Lemberg, Sergei) |
| Filing 194 Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING #193 Joint Motion to Modify Scheduling Order filed by BMW of North America, LLC. Fact Discovery to be completed by 1/29/2021. Dispositive Motions due by 4/30/2021. Status Conference set for 12/2/2020 is RESET to 2/3/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This conference will be held by telephone. The parties are instructed to call 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (Kelly, Danielle) |
| Filing 193 Joint MOTION to Modify Scheduling Order by BMW of North America, LLC.(Thompson, Sara) |
| Filing 192 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 191 Transcript of Motion Hearing via Zoom held on September 2, 2020, before Magistrate Judge Judith G. Dein. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kristin Kelley at kmob929@gmail.com. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/8/2021. (Coppola, Katelyn) |
| Filing 190 Judge Indira Talwani: ELECTRONIC ORDER granting alternative relief requested in Defendant's Consented to Motion to Impound Hearing Transcript #188 . The clerk shall place the Hearing Transcript 183 under seal. The court reporter shall file on the public docket a version of the transcript with the following lines redacted: page 13, lines 11 - 16; page 14, lines 11 - 17; page 15, lines 7 - 9; page 17, lines 8 - 13; page 19, lines 1 - 5 and 8 - 11; page 28, lines 22 - 23; page 29, line 1; page 35, lines 10 - 14; page 36, lines 3 - 6 and 13 - 19; page 37, lines 14 - 18; page 38, lines 1 - 3; and page 39, lines 16 -23. (Kelly, Danielle) Modified on 11/6/2020 (Kelly, Danielle). M |
| Filing 189 DECLARATION re #188 Consent MOTION to Seal Document 183 by BMW of North America, LLC. (Thompson, Sara) (Main Document 189 replaced on 9/15/2021) (Danieli2, Chris). |
| Filing 188 Consent MOTION to Seal Document 183 by BMW of North America, LLC.(Thompson, Sara) |
| Filing 187 STIPULATION of Dismissal with Prejudice as to Plaintiff OSCAR ROSARIO by BMW of North America, LLC. (Thompson, Sara) |
| Filing 186 DECLARATION re #185 Response to Plaintiffs' Objection #178 by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 185 Response by BMW of North America, LLC to #178 Objection . (Semprevivo, Philip) |
| Filing 184 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 181 Judge Indira Talwani: ELECTRONIC ORDER: GRANTING #179 Consent Motion to Seal. Plaintiffs may submit to the clerk for filing under seal an unredacted version of their #178 Corrected Objections. Defendant may file a redacted Response on the public docket, and may submit to the clerk for filing under seal an unredacted version of its Response. (Kelly, Danielle) |
| Filing 180 DECLARATION re #179 Consent MOTION to Seal Document #178 Objection by BMW of North America, LLC. (Thompson, Sara) |
| Filing 179 Consent MOTION to Seal Document #178 Objection by BMW of North America, LLC.(Thompson, Sara) |
| Filing 178 Objection to #165 Order,, Set Deadlines/Hearings,, Terminate Motions, by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider (Corrected). (Lemberg, Sergei) |
| Filing 177 Objection to #165 Order,, Set Deadlines/Hearings,, Terminate Motions, by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider . (Lemberg, Sergei) |
| Filing 176 Magistrate Judge Judith G. Dein: ORDER entered on Joint Stipulation to Extend Time to Object. ( Docket No. #175 ). (Geraldino-Karasek, Clarilde) |
| Filing 175 STIPULATION (Joint) to Extend Time to Object by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 174 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #173 Motion for Leave to Appear Pro Hac Vice Added Spencer Kuhner. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 173 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Spencer Kuhner Filing fee: $ 100, receipt number 0101-8429810 by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Certification of Spencer Kuhner)(Lemberg, Sergei) |
| Filing 172 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered Allowed re Stipulation filed by Oscar Rosario, Barbara Reyes, John Schneider, Posnett Omonyi, Rainerio Reyes ( Docket No. #170 ).(Geraldino-Karasek, Clarilde) |
| Filing 171 Magistrate Judge Judith G. Dein: ORDER entered on Joint Status Report filed ( Docket No. #167 ). (Geraldino-Karasek, Clarilde) |
| Filing 170 STIPULATION re #165 Order Extending time to file motion to reconsider or otherwise object by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) Modified docket text on 9/18/2020 in accordance with document filed.(Geraldino-Karasek, Clarilde). |
| Filing 169 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #168 Joint Motion to Modify Scheduling Order. Fact Discovery to be completed by 11/30/2020, Dispositive Motions due by 3/26/2021. Status Conference set for 10/20/2020 is RESET to 12/2/2020 02:45 PM before Judge Indira Talwani. This conference will be held telephonically; The parties are instructed to call 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (Kelly, Danielle) |
| Filing 168 Joint MOTION to Modify Scheduling Order by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider.(Lemberg, Sergei) |
| Filing 167 STATUS REPORT (Joint) by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 166 Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Motion Hearing held on 9/2/2020 re #137 MOTION to Compel Production of Documents and for Sanctions filed by Oscar Rosario, Barbara Reyes, John Schneider, Posnett Omonyi, Rainerio Reyes. USMJ Dein hears arguments from counsel, makes rulings order to issue. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Lemberg Thompson and Semprevivo) (Quinn, Thomas) |
| Filing 165 Magistrate Judge Judith G. Dein: ORDER entered on Plaintiffs' Motion to Compel Production of Documents and for Sanctions (Docket No. #137 ). The parties shall file a Joint Status Report notifying the court if an agreement has been reached by September 11, 2020. See order attached. (Geraldino-Karasek, Clarilde) |
| Filing 164 REPLY in Support of #137 MOTION to Compel Production of Documents and for Sanctions filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 9/1/2020: #1 Reply in Support *SEALED*) (Kelly, Danielle). |
| Filing 163 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered re #160 Consent Motion to Seal Plaintiffs' Reply Brief (Docket No. #157 -1) is allowed. Sealed reply shall be delivered to the court by 1:00 p.m. on Tuesday, September 1, 2020. In addition, the clerk shall withdraw from the public docket the partially redacted reply brief already filed by Plaintiffs in connection with their Motion for Leave (Docket No. #157 ). (Geraldino-Karasek, Clarilde) |
| Filing 162 DECLARATION re #160 Consent MOTION to Seal Plaintiffs' Reply Brief (Dkt. No. 157-1) by BMW of North America, LLC. (Thompson, Sara) |
| Filing 161 MEMORANDUM in Support re #160 Consent MOTION to Seal Plaintiffs' Reply Brief (Dkt. No. 157-1) filed by BMW of North America, LLC. (Thompson, Sara) |
| Filing 160 Consent MOTION to Seal Plaintiffs' Reply Brief (Dkt. No. 157-1) by BMW of North America, LLC.(Thompson, Sara) |
| Filing 159 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered Allowed #157 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) |
| Filing 158 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING MOTION #157 MOTION for Leave to File filed by Oscar Rosario, Barbara Reyes, John Schneider, Posnett Omonyi, Rainerio Reyes to Magistrate Judge Dein. (Kelly, Danielle) Motions referred to Judith G. Dein. |
| Filing 157 MOTION for Leave to File by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: # Withdrawn from docket pursuant to Order 163 Exhibit A - REPLY Brief - REDACTED)(Lemberg, Sergei) Modified on 8/31/2020 (Kelly, Danielle). |
| Filing 156 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered Allowed #153 Consent Motion to Seal Document #150 Memorandum in Opposition to Motion, #152 Declaration, #151 Declaration, by BMW of North America, LLC. (Geraldino-Karasek, Clarilde) |
| Filing 155 DECLARATION re #153 Consent MOTION to Seal Document #150 Memorandum in Opposition to Motion, #152 Declaration, #151 Declaration, of Sara E. Thompson by BMW of North America, LLC. (Thompson, Sara) |
| Filing 154 MEMORANDUM in Support re #153 Consent MOTION to Seal Document #150 Memorandum in Opposition to Motion, #152 Declaration, #151 Declaration, filed by BMW of North America, LLC. (Thompson, Sara) |
| Filing 153 Consent MOTION to Seal Document #150 Memorandum in Opposition to Motion, #152 Declaration, #151 Declaration, by BMW of North America, LLC.(Thompson, Sara) |
| Filing 152 DECLARATION re #150 Memorandum in Opposition to Motion by BMW of North America, LLC. (Semprevivo, Philip) (Additional attachment(s) added on 8/31/2020: #1 Declaration *SEALED*) (Kelly, Danielle). |
| Filing 151 DECLARATION re #150 Memorandum in Opposition to Motion by BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Semprevivo, Philip) (Additional attachment(s) added on 8/31/2020: #6 Declaration *SEALED*, #7 Exhibit E *SEALED*) (Kelly, Danielle). |
| Filing 150 MEMORANDUM in Opposition re #137 MOTION to Compel Production of Documents and for Sanctions filed by BMW of North America, LLC. (Semprevivo, Philip) (Additional attachment(s) added on 8/31/2020: #1 Memorandum in Opposition *SEALED*) (Kelly, Danielle). |
| Filing 149 ELECTRONIC NOTICE RESETTING HEARING on #137 MOTION to Compel Production of Documents and for Sanctions : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.MOTION HEARING RESET FOR 9/2/2020 11:00 AM before Magistrate Judge Judith G. Dein. (Geraldino-Karasek, Clarilde) |
| Filing 148 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Stipulation filed by BMW of North America, LLC (Docket No. #146 ) is Allowed in Part. The deadline to respond to Plaintiff's Motion to Compel Production of Documents and for Sanctions ( Docket No. #137 ) is extended to 8/24/2020. (Geraldino-Karasek, Clarilde) |
| Filing 147 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered Allowed #143 Motion for Order to Impound Confidential Material Pursuant to Local Rule 7.2. (Geraldino-Karasek, Clarilde) |
| Filing 146 STIPULATION re #137 MOTION to Compel Production of Documents and for Sanctions and Proposed Order (JOINT) by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 145 MEMORANDUM OF LAW by BMW of North America, LLC to #143 MOTION for Order to to Impound Confidential Material Pursuant to Local Rule 7.2 . (Attachments: #1 Warren v. Rojas _ Unpublished Decision)(Semprevivo, Philip) |
| Filing 144 DECLARATION re #143 MOTION for Order to to Impound Confidential Material Pursuant to Local Rule 7.2 by BMW of North America, LLC. (Attachments: #1 Exhibit "A"_Protective Order)(Semprevivo, Philip) |
| Filing 143 MOTION for Order to to Impound Confidential Material Pursuant to Local Rule 7.2 by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 142 ELECTRONIC NOTICE Setting Hearing on Motion #137 MOTION to Compel Production of Documents and for Sanctions : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may ref er to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.MOTION HEARING SET FOR 8/27/2020 10:30 AM before Magistrate Judge Judith G. Dein. (Geraldino-Karasek, Clarilde) |
| Filing 141 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered Allowed #136 Motion for Leave to File Excess Pages; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) |
| Filing 140 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein. Referred for: Events Only (e). Motions referred: #136 MOTION for Leave to File Excess Pages , #137 MOTION to Compel Production of Documents and for Sanctions. (MacDonald, Gail) Motions referred to Judith G. Dein. |
| Filing 139 DECLARATION re #137 MOTION to Compel Production of Documents and for Sanctions by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit Ex. A - Initial Discovery Demands, #2 Exhibit Ex. B - Notice of 30_b_1 DEPOSITION, #3 Exhibit Ex. C - Notice of 30_b_6 DEPOSITION, #4 Exhibit Ex. D - 2020-01-29 Email, #5 Exhibit Ex. E - 2020-02-07 Email, #6 Exhibit Ex. F - 2020-04-29 Email, #7 Exhibit Ex. G - 2020-06-03 Email, #8 Exhibit H - Deposition Transcript of Michael Murray - REDACTED, #9 Exhibit Ex. I - 2020-06-19 Email, #10 Exhibit Ex. J - 2020-07-10 BMW NA's Response to Plaintiffs' Supp RFP, #11 Exhibit Ex. K - 2020-07-20 BMW NA's SUPP Response to Plaintiffs' Supp RFP, #12 Exhibit Ex. L - Service Bulletin re Oil top Up, #13 Exhibit Ex. M - Service Bulletin re Valve Seals, #14 Exhibit Ex. N - Complaint McDonald v. BMW, #15 Exhibit Ex. O - Complaint Rosenberg v. BMW, #16 Exhibit Ex. P - 2020-04-22 Declaration ISO Motion to Compel Murray Depo and Produce Docs, #17 Exhibit Ex. Q - BMW Report - REDACTED, #18 Exhibit Ex. R - BMW Report - REDACTED, #19 Exhibit Ex. S - BMW Report - REDACTED, #20 Exhibit Ex. T - 2013-05 SIB110313 Oil Consumption, #21 Exhibit Ex. U - Order Compelling Discovery and Entering Sanctions, #22 Exhibit Ex. V - Judgment & Notice of Acceptance of 998 Offer, #23 Exhibit Ex. W - Jensen Court Orders, #24 Exhibit Ex. X - Declaration of Dara Tabesh in Support of Motion to Compel)(Lemberg, Sergei) (Additional attachment(s) added on 8/17/2020: #25 Declaration *SEALED*, #26 Exhibit H *SEALED*, #27 Exhibit I *SEALED*, #28 Exhibit J *SEALED*, #29 Exhibit Q *SEALED*, #30 Exhibit R *SEALED*, #31 Exhibit S *SEALED*) (Kelly, Danielle). |
| Filing 138 MEMORANDUM in Support re #137 MOTION to Compel Production of Documents and for Sanctions filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) (Additional attachment(s) added on 8/17/2020: #1 Memorandum in support *SEALED*) (Kelly, Danielle). |
| Filing 137 MOTION to Compel Production of Documents and for Sanctions by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider.(Lemberg, Sergei) |
| Filing 136 MOTION for Leave to File Excess Pages by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider.(Lemberg, Sergei) |
| Filing 135 STIPULATION by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 134 ELECTRONIC NOTICE of Hearing. Status Conference set for 10/20/2020 02:30 PM before Judge Indira Talwani.If this conference is conducted by telephone or video conference, counsel of record will receive either calling instructions or a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding acc ess to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 10/20/2020 02:30 PM before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 133 ELECTRONIC NOTICE Canceling Hearing: Status Conference set for 8/31/2020 02:15 PM is canceled and will be reset by the clerk. (Kelly, Danielle) |
| Filing 132 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #131 Joint Motion to Modify Scheduling Order. Fact Discovery to be completed by 10/15/2020. Dispositive Motions due by 2/26/2021. (Kelly, Danielle) |
| Filing 131 Joint MOTION to Modify Scheduling Order by BMW of North America, LLC.(Thompson, Sara) |
| Filing 130 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #129 Motion for Leave to Appear Pro Hac Vice Added Vlad Hirnyk. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 129 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Vlad Hirnyk Filing fee: $ 100, receipt number 0101-8299472 by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Certification of Vlad Hirnyk)(Lemberg, Sergei) |
| Filing 128 Judge Indira Talwani: ELECTRONIC ORDER denying Plaintiffs' Motion to Compel Deposition of Michael Murray #117 as moot in light of Joint Statement Regarding Deposition of Michael Murray #127 . (Kelly, Danielle) |
| Filing 127 JOINT STATEMENT of counsel re Deposition of M. Murray. (Thompson, Sara) |
| Filing 126 Judge Indira Talwani: ELECTRONIC ORDER: Defendant BMW of North America LLC's (BMW NA) Opposition #123 to Plaintiffs' Motion to Compel #117 states that Plaintiffs' Motion is "premature" since "assuming the stay-at-home order in New Jersey is lifted, which is currently anticipated to occur on June 15, 2020, and assuming a safe location can be secured, BMW NA and Mr. Murray are ready, willing, and able to go forward with the deposition on June 18th." Def.'s Opp'n 7 #123 . Per media reports, the Governor of New Jersey has lifted the stay-at-home order and has permitted indoor gatherings to resume at a limited capacity. Accordingly, the parties are ORDERED to submit a joint statement by Monday, June 15, 2020, confirming that Mr. Murray's deposition will proceed as scheduled. If the parties are not able to agree on arrangements for Mr. Murray's deposition, the court anticipates allowing Plaintiffs' Motion to the extent it requests an order compelling Mr. Murray's deposition to proceed as scheduled by video. (Kelly, Danielle) |
| Filing 125 DECLARATION re #123 Memorandum in Opposition to Motion by BMW of North America, LLC. (Attachments: #1 Exhibit A - May 20th Emails, #2 Exhibit B - May 26th Emails, #3 Exhibit C - Hearing Transcript, #4 Exhibit D - Emails re Rule 30(b)(6) Notice)(Semprevivo, Philip) |
| Filing 124 DECLARATION re #123 Memorandum in Opposition to Motion by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 123 MEMORANDUM in Opposition re #117 MOTION to Compel Deposition of Michael Murray filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 122 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #120 Motion for Extension of Time to File Response/Reply re #117 MOTION to Compel Deposition of Michael Murray. Responses due by June 4, 2020. (Kelly, Danielle) |
| Filing 121 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #120 MOTION for Extension of Time to File Response/Reply as to #117 MOTION to Compel Deposition of Michael Murray by Sara E. Thompson on behalf of BMW of North America, LLC. (Attachments: #1 Exhibit Email Exchange Regarding Motion)(Thompson, Sara) |
| Filing 120 MOTION for Extension of Time to File Response/Reply as to #117 MOTION to Compel Deposition of Michael Murray by BMW of North America, LLC.(Thompson, Sara) |
| Filing 119 Judge Indira Talwani: ELECTRONIC ORDER: Defendants shall file any opposition to Plaintiff's Motion to Compel #117 no later than June 3, 2020. (Kelly, Danielle) |
| Filing 118 MEMORANDUM in Support re #117 MOTION to Compel Deposition of Michael Murray filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Declaration of Sergei Lemberg)(Lemberg, Sergei) |
| Filing 117 MOTION to Compel Deposition of Michael Murray by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider.(Lemberg, Sergei) |
| Filing 116 Case no longer referred to Magistrate Judge Judith G. Dein. (Geraldino-Karasek, Clarilde) |
| Filing 115 Withdrawal of motion: #109 MOTION to Compel withdrawn without prejudice. See Order entered, Docket No. 114. (Geraldino-Karasek, Clarilde) |
| Filing 114 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. Motion to compel (Docket No. #109 ) is withdrawn without prejudice in accordance with the parties Stipulation (Docket No. #113 ). (Geraldino-Karasek, Clarilde) |
| Filing 113 STIPULATION re #109 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition and Production of Documents and for Sanctions by BMW of North America, LLC. (Thompson, Sara) |
| Filing 112 Judge Indira Talwani: Electronic Order DENYING Objection #101 by Bavarian Motor Works of North America, LLC (BMW NA) to the Magistrate Judge's February 24, 2020 Order #90 . Defendant BMW NA objects to the Magistrate Judge's order on three grounds: first, that the discovery ordered is not relevant; second, that the discovery is not proportional to the needs of the case; and, third, that the Magistrate Judge erred by ordering the production of documents that are "proprietary" to nonparty BMW AG. These objections are without merit. The deposition of Mr. Murray and documents concerning vehicles with the N63 engine that are of the same make, model, and year as Plaintiffs' vehicles are relevant to the Plaintiffs' claims and BMW NA's defenses at least insofar as they may tend to prove or disprove whether BMW NA or its agents made misrepresentations to these Plaintiffs. Defendant's argument that the requested production of documents related the N63 engine and a deposition of a BMW NA employee located in New Jersey are disproportional to the needs of the case is unavailing where the sought-after information is central to claims and defenses and where BMW NA has provided no evidence of undue burden from the requested discovery. Finally, BMW NA's argument that it is "clearly erroneous" for BMW NA to be ordered to produce documents "belonging" to nonparty BMW AG is unpersuasive where the Magistrate Judge's order compels only documents in BMW NA's custody or control. (Kelly, Danielle) |
| Filing 111 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein Referred for: Events Only (e). Motions referred: #109 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition and Production of Documents and for Sanctions. (MacDonald, Gail) Motion referred to Judith G. Dein. |
| Filing 110 MEMORANDUM in Support re #109 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition and Production of Documents and for Sanctions filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lemberg, Sergei) |
| Filing 109 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition and Production of Documents and for Sanctions by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Declaration of Sergei Lemberg, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Lemberg, Sergei) |
| Filing 108 Objection to #101 Objection by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider . (Lemberg, Sergei) |
| Filing 107 Judge Indira Talwani: ORDER entered. STIPULATED ORDER OF PROTECTION. (Kelly, Danielle) |
| Filing 106 Proposed Document(s) submitted by BMW of North America, LLC. Document received: Proposed Stipulated Order of Protection - CORRECTED. (Thompson, Sara) |
| Filing 105 Judge Indira Talwani: ELECTRONIC ORDER regarding [Proposed] Stipulated Order of Protection #104 . In paragraph 6.1 Restrictions, the proposed order states that disclosure to persons "specified in Paragraph 5, subsection 5. - 5.7 " (emphasis added) requires a signed acknowledgment. The court assumes that the parties did not intend to obligate the court, court reporters and court personnel (identified in subsection 5.1) to sign the acknowledgement and that the reference to subsection "5." is a typographical error. The court cannot determine, however, whether the proposed orders restrictions are intended to cover parties (subsection 5.2) or their attorneys (subsection 3) or only the parties identified in subsections 5.4 - 5.7. Counsel shall submit a corrected proposed order setting forth the subsections of paragraph 5 that counsel seeks to have included in paragraph 6.1's restrictions. (Kelly, Danielle) |
| Filing 104 Proposed Document(s) submitted by BMW of North America, LLC. Document received: Proposed Stipulated Order of Protection. (Thompson, Sara) |
| Filing 103 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #102 Joint Motion for Extension of Time to 3/27/20 to File Proposed Protective Order. (Kelly, Danielle) |
| Filing 102 Joint MOTION for Extension of Time to 3/27/20 to File Proposed Protective Order by BMW of North America, LLC.(Thompson, Sara) |
| Filing 101 Objection to #90 Order by BMW of North America, LLC . (Thompson, Sara) |
| Filing 100 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #97 Joint Motion for Extension of Time to 3/20/2020 to File Proposed Stipulated Order of Protection. (Kelly, Danielle) |
| Filing 99 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 98 Transcript of Motion Hearing held on February 24, 2020, before Magistrate Judge Judith G. Dein. The Transcript may be purchased through Judy Bond at judy@bondcourtreporting.com, viewed at the public terminal, or viewed through PACER after it is released. No Reporter Used. Digital Recording transcribed by Judy Bond. Redaction Request due 4/7/2020. Redacted Transcript Deadline set for 4/17/2020. Release of Transcript Restriction set for 6/15/2020. (Scalfani, Deborah) |
| Filing 97 Joint MOTION for Extension of Time to 3/20/2020 to File Proposed Stipulated Order of Protection by BMW of North America, LLC.(Thompson, Sara) |
| Filing 96 Case no longer referred to Magistrate Judge Judith G. Dein. (Geraldino-Karasek, Clarilde) |
| Filing 95 Magistrate Judge Judith G. Dein: ORDER entered. Supplemental Order regarding Plaintiff's Motion to Compel Deposition and Production of Documents. (Geraldino-Karasek, Clarilde) |
| Filing 94 STATUS REPORT (JOINT) by BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A - Pltfs' Proposed Order, #2 Exhibit Exhibit B - Pltfs' Rule 30(b)(1) Demands, #3 Exhibit Exhibit C - Defendant's Proposed Order)(Semprevivo, Philip). Modified on 2/28/2020: Replaced exhibit C to correct PDF reading error. (Kelly, Danielle). |
| Filing 93 Magistrate Judge Judith G. Dein: ORDER entered. Order Regarding Non-Party Herb Chambers BMW of Sudbury's Motion to Quash. (Geraldino-Karasek, Clarilde) |
| Filing 92 RESPONSE TO COURT ORDER by HERB CHAMBERS BMW OF SUDBURY re #90 Order entered. (Attachments: #1 Exhibit Proposed Order)(Cooley, Edward) Modified docket text on 2/26/2020 in accordance with response filed. (Geraldino-Karasek, Clarilde). |
| Filing 91 Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein:case called; Motion Hearing held on 2/24/2020 re #64 MOTION to Quash Plaintiffs' Subpoena for Production of Certain Documents and as to Certain Areas of Inquiry in Its 30(b)(6) Notice of Taking Deposition filed by HERB CHAMBERS BMW OF SUDBURY, #66 MOTION for Protective Order MOTION to Quash Non-Party Subpoenas filed by BMW of North America, LLC, #71 MOTION to Compel Deposition and Production of Documents filed by Oscar Rosario, Barbara Reyes, John Schneider, Posnett Omonyi, Rainerio Reyes, #81 Cross MOTION for Protective Order filed by BMW of North America, LLC. USMJ Dein hears arguments from counsel, makes rulings and requests counsel to submit on 2/27/20 a joint proposed order as to document requests identified in todays hearing. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani&ov.(Attorneys present: Dennis, Cooley, Semprevivo and Thompson) (Quinn, Thomas) |
| Filing 90 Magistrate Judge Judith G. Dein: ORDER entered. On February 24, 2020, the court heard arguments on four pending discovery motions. (Docket Nos. #64 , #66 , #71 , #81 ). Based on the oral argument and briefing submitted to the court, it is hereby ORDERED as follows: 1.Non-Party Herb Chambers BMW of Sudbury, Motion to Quash Plaintiffs' Subpoena for the Production of Certain Documents and as to Certain Areas of Inquiry in its 30(b)(6) Notice of Taking Deposition Pursuant to Fed. R. Civ. P. 45(d)(3) (Docket No. #64 ) is ALLOWED IN PART and DENIED IN PART as detailed below.a. Herb Chambers, after conferring with the plaintiffs, shall file with the court a joint proposed order detailing revised document production and deposition topic requests by February 26, 2020. b. In addition to the documents already produced, the additional production shall be limited in scope to general communications on N63 engines related to oil consumption between the defendant and Herb Chambers. Herb Chambers is not required to search individual customer records. 2. Defendant, BMW of North America, LLCs Motion to Quash Plaintiffs Non-party Subpoenas, or Alternatively, for a Protective Order (Docket No. #66 ) is DENIED as moot both as to the dealerships that have produced documents and as to Herb Chambers BMW of Sudbury, which brought its own motion as detailed above in paragraph 1. Nothing herein shall constitute a ruling on the issue of the defendant's standing to bring this motion. 3. Plaintiff's Motion to Compel Deposition of Michael Murray and Production of Documents (Docket No. #71 ) is ALLOWED IN PART and DENIED IN PART. a. The plaintiffs may depose Mr. Murray. b. By February 27, 2020, after conferring, the parties are ordered to file with the court a joint proposed order detailing the revised document requests in accordance with the courts instruction in open court and a schedule for production. If the parties are unable to agree, the parties shall instead file a joint status report identifying for the court the remaining issues which, if appropriate, the court will decide on the papers.c. By submitting a proposed order, the defendant shall not be deemed to have waived its objection to this court's ruling ordering production. 4. Defendant, BMW of North America, LLC's Cross-Motion for a Protective Order as to Plaintiffs' Subpoenas to Non-Parties Strategic Legal Practices, APC and Michael Murray (Docket No. #81 ) is DENIED as to Mr. Murray and ALLOWED as to Strategic Legal Partners. This ruling is without prejudice to the plaintiffs renewing their request for documents from SLP if the necessary documents are not otherwise produced. (Geraldino-Karasek, Clarilde) |
| Filing 89 Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING #87 Motion for Leave to Appear Pro Hac Vice Added Christopher Dennis. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 88 MEMORANDUM in Opposition re #81 Cross MOTION for Protective Order filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Declaration of Sergei Lemberg, #2 Exhibit A, #3 Exhibit B)(Lemberg, Sergei) |
| Filing 87 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Christopher Dennis Filing fee: $ 100, receipt number 0101-8118097 by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Certification of Christopher Dennis)(Lemberg, Sergei) |
| Filing 86 Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING #85 Motion for Leave to Appear Pro Hac Vice Added Sara E. Thompson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 85 Consent MOTION for Leave to Appear Pro Hac Vice for admission of Sara E. Thompson Filing fee: $ 100, receipt number 0101-8102900 by BMW of North America, LLC. (Attachments: #1 Affidavit in Support of Motion, #2 Affidavit of Sara E. Thompson)(Norwell, Bruce) |
| Filing 84 ELECTRONIC NOTICE Setting Hearing re #66 MOTION for Protective Order, MOTION to Quash Non-Party Subpoenas, #81 Cross MOTION for Protective Order, #71 MOTION to Compel Deposition and Production of Documents, #64 MOTION to Quash Plaintiffs' Subpoena for Production of Certain Documents and as to Certain Areas of Inquiry in Its 30(b)(6) Notice of Taking Deposition: MOTIONS HEARING SET FOR: 2/24/2020 10:30 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Geraldino-Karasek, Clarilde) |
| Filing 83 AFFIDAVIT in Support re #81 Cross MOTION for Protective Order filed by BMW of North America, LLC. (Attachments: #1 Exhibit)(Semprevivo, Philip). Modified on 2/12/2020: Replaced Exhibit to remove blank pages (Kelly, Danielle). |
| Filing 82 MEMORANDUM in Support re #81 Cross MOTION for Protective Order and In Opposition to Plaintiffs' Motion to Compel #71 filed by BMW of North America, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Semprevivo, Philip) Added docket entry relationships to properly reflect filing (Kelly, Danielle). |
| Filing 81 Cross MOTION for Protective Order by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 80 Opposition re #66 MOTION for Protective Order MOTION to Quash Non-Party Subpoenas filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Declaration of Sergei Lemberg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Lemberg, Sergei) |
| Filing 79 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached order. Discovery to be completed by 8/30/2020; Dispositive Motions due by 1/22/2021(Kelly, Danielle) |
| Filing 78 CERTIFICATION pursuant to Local Rule 16.1 by Posnett Omonyi.(Lemberg, Sergei) |
| Filing 77 CERTIFICATION pursuant to Local Rule 16.1 by Oscar Rosario.(Lemberg, Sergei) |
| Filing 76 CERTIFICATION pursuant to Local Rule 16.1 by John Schneider.(Lemberg, Sergei) |
| Filing 75 CERTIFICATION pursuant to Local Rule 16.1 by Rainerio Reyes, Barbara Reyes.(Lemberg, Sergei) |
| Filing 74 MOTION: #71 MOTION to Compel Deposition and Production of Documents. Motion referred to Judith G. Dein. (Kelly, Danielle) |
| Filing 73 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 1/23/2020. Case called. Court had colloquy with counsel. Parties to jointly report to clerk any request for ADR. Proposed dates adopted. Status Conference set for 8/31/2020 02:15 PM before Judge Indira Talwani; counsel may file a motion to reset. Scheduling Order to follow. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Lemberg, Norwell) (MacDonald, Gail) |
| Filing 72 MEMORANDUM in Support re #71 MOTION to Compel Deposition and Production of Documents filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lemberg, Sergei) |
| Filing 71 MOTION to Compel Deposition and Production of Documents by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Declaration of Sergei Lemberg, #2 Exhibit 1)(Lemberg, Sergei) |
| Filing 70 DECLARATION re #69 Memorandum in Opposition to Motion, of Sergei Lemberg by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit 1)(Lemberg, Sergei) |
| Filing 69 MEMORANDUM in Opposition re #64 MOTION to Quash Plaintiffs' Subpoena for Production of Certain Documents and as to Certain Areas of Inquiry in Its 30(b)(6) Notice of Taking Deposition filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lemberg, Sergei) |
| Filing 68 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein Referred for: Events Only (e). Motions referred: #64 MOTION to Quash Plaintiffs' Subpoena for Production of Certain Documents and as to Certain Areas of Inquiry in Its 30(b)(6) Notice of Taking Deposition, #66 MOTION for Protective Order MOTION to Quash Non-Party Subpoenas. (Kelly, Danielle) Motions referred to Judith G. Dein. |
| Filing 67 MEMORANDUM in Support re #66 MOTION for Protective Order MOTION to Quash Non-Party Subpoenas filed by BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A - Pltfs' Notice of Non-Party Subpoenas, #2 Exhibit Exhibit B - Non-Party Subpoenas, #3 Exhibit Exhibit C - Pltfs' Rule 34 RFP)(Semprevivo, Philip) (Attachment 3 replaced on 1/22/2020) (Dambrosio, Jolyne). |
| Filing 66 MOTION for Protective Order , MOTION to Quash Non-Party Subpoenas ( Responses due by 1/31/2020) by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 65 MEMORANDUM in Support re #64 MOTION to Quash Plaintiffs' Subpoena for Production of Certain Documents and as to Certain Areas of Inquiry in Its 30(b)(6) Notice of Taking Deposition filed by HERB CHAMBERS BMW OF SUDBURY. (Attachments: #1 Exhibit Subpoena)(Cooley, Edward) |
| Filing 64 MOTION to Quash Plaintiffs' Subpoena for Production of Certain Documents and as to Certain Areas of Inquiry in Its 30(b)(6) Notice of Taking Deposition by HERB CHAMBERS BMW OF SUDBURY.(Cooley, Edward) |
| Filing 63 ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference set for 1/22/2020 03:00 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 62 CERTIFICATION pursuant to Local Rule 16.1 . (Semprevivo, Philip) Replaced document to correct PDF reading error. (Kelly, Danielle). |
| Filing 61 Recommendations for Scheduling Order (Joint). (Lemberg, Sergei) |
| Filing 60 ANSWER to #45 Amended Complaint by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 59 Judge Indira Talwani: ELECTRONIC ORDER: Defendant moves for reconsideration of the court's Order 54 denying Defendant's Motion to Dismiss for Lack of Jurisdiction #47 . Defendant argues that it was manifest error of law, for the purposes of assessing the amount-in-controversy, for the court to consider cost of repair as a proxy for value-as-delivered without an allegation that Plaintiffs had performed the repairs. However, the cases cited by Defendant do not stand for the proposition that cost of repair may only be used as a measure of diminution in value if the repair has been performed by the time of filing. Defendant's Motion for Reconsideration #57 is therefore DENIED. (Kelly, Danielle). |
| Filing 58 MEMORANDUM in Support re #57 MOTION for Reconsideration re 54 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Leave to File,,,,, filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 57 MOTION for Reconsideration re 54 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, Order on Motion for Leave to File,,,,, by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 56 Notice of Supplemental Authorities re #47 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A, #2 Exhibit B)(Lemberg, Sergei) |
| Filing 55 Judge Indira Talwani: ELECTRONIC ORDER: DENYING AS MOOT Motion to Stay Discovery #53 . (Vieira, Leonardo) |
| Filing 54 Judge Indira Talwani: ELECTRONIC ORDER: Defendant challenges the court's subject-matter jurisdiction on the basis that Plaintiffs have failed to meet the Warranty Act's $50,000 amount-in-controversy requirement. As explained in the court's Memorandum and Order 6 #44 , the amount of each properly joined Plaintiff's Warranty Act claims may be aggregated to satisfy the $50,000 requirement. It is Plaintiffs' burden to "alleg[e] with sufficient particularity facts indicating that it is not a legal certainty that the claim involves less than the jurisdictional amount." Spielman v. Genzyme Corp., 251 F.3d 1, 5 (1st Cir. 2001). This burden can be met either by the pleadings or by affidavits. Id. Plaintiffs' Second Amended Complaint #45 provides with sufficient particularity facts indicating that the cost of repair to the vehicles, which is a suitable proxy to the value of the goods as accepted, will not, to a legal certainty, be under the $50,000 threshold. The court reaches this result without consideration of Plaintiffs' affidavits. Accordingly, Defendant's Motion to Dismiss for Lack of Jurisdiction #47 is DENIED and Defendant's Motion for Leave to File Reply Brief #51 is DENIED AS MOOT. (Vieira, Leonardo) |
| Filing 53 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 52 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #51 MOTION for Leave to File Reply Brief by Philip Semprevivo, Jr on behalf of BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 51 MOTION for Leave to File Reply Brief by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 50 Opposition re #47 MOTION to Dismiss for Lack of Jurisdiction filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 49 NOTICE by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider re #44 Memorandum & ORDER,, (Attachments: #1 Affidavit Schneider, #2 Affidavit Rosario, #3 Affidavit Reyes, #4 Affidavit Omonyi, #5 Affidavit Manzari)(Lemberg, Sergei) |
| Filing 48 MEMORANDUM in Support re #47 MOTION to Dismiss for Lack of Jurisdiction filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 47 MOTION to Dismiss for Lack of Jurisdiction by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 46 EXHIBIT re #45 Amended Complaint Exhibit A by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 45 AMENDED COMPLAINT (Second) against BMW of North America, LLC, filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider.(Lemberg, Sergei) |
| Filing 44 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER: The court ALLOWS Defendant's Motion to Dismiss #21 for failing to sufficiently establish the court's subject-matter jurisdiction. However, Plaintiffs are granted leave to amend the complaint in support of their claim that the amount-in-controversy is greater than $50,000. Plaintiffs' amended complaint and affidavits in support thereof are due no later than Friday, October 25, 2019.IT IS SO ORDERED. (Vieira, Leonardo) |
| Filing 43 Notice of Supplemental Authorities re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Exhibit A - Johns Pratt Docket Order)(Semprevivo, Philip) |
| Filing 42 Response by BMW of North America, LLC to #37 Notice of Supplemental Authorities . (Semprevivo, Philip) |
| Filing 41 Response by BMW of North America, LLC to #35 Notice of Supplemental Authorities, . (Semprevivo, Philip) |
| Filing 40 ELECTRONIC ORDER regarding supplemental authority. The court is guided by Federal Rule of Appellate Procedure, which allows parties to advise the court of "pertinent and significant authorities" that come to a party's attention after the party's brief has been filed, but limits such notice to 350 words. See Fed. R. App. P. 28(j). Plaintiffs' Notices of Supplemental Authorities #35 , #37 fall within the 350 word limit and are permitted. Defendants may file responses, similarly limited to 350 words each. Plaintiffs' Response to Defendant's Opposition #39 is stricken as improper argument filed outside of that permitted by Local Rule 7.1 or this court's practice regarding supplemental authority. (Vieira, Leonardo) |
| Filing 39 Response by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider to #38 Objection . (Lemberg, Sergei) |
| Filing 38 Objection to #37 Notice of Supplemental Authorities by BMW of North America, LLC . (Semprevivo, Philip) |
| Filing 37 Notice of Supplemental Authorities re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A)(Lemberg, Sergei) |
| Filing 36 Objection to #35 Notice of Supplemental Authorities, by BMW of North America, LLC . (Semprevivo, Philip) |
| Filing 35 Notice of Supplemental Authorities re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 34 STIPULATION of Dismissal as to Bavarian Motor Works Only by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 33 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 4/29/2019. Case called. Court has colloquy w/counsel. Counsel to file joint Stipulation of Dismissal re: Bavarian Motor Works. Motion to Dismiss taken under advisement. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Lemberg, Norwell) (MacDonald, Gail) |
| Filing 32 Judge Indira Talwani: ELECTRONIC ORDER: DENYING without prejudice Assented-to Motion to Continue Scheduling Conference #30 . In light of Defendant BMW NA's pending motion to dismiss, the agenda for the scheduling conference will be limited to reviewing the status of service of summons and the amended complaint on, and any response by, Defendant Bavarian Motor Works. (Kinsella, Devan) |
| Filing 31 Letter/request (non-motion) from Philip C. Semprevivo enclosing courtesy copies with respect to BMW of North America, LLC's Motion to Dismiss filed on February 27, 2019. (Semprevivo, Philip) |
| Filing 30 Assented to MOTION to Continue Scheduling Conference to 30 days after decision on BMW NA's Motion to Dismiss by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 29 ELECTRONIC NOTICE issued requesting courtesy copy for #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #22 Memorandum in Support of Motion, #23 Memorandum in Opposition to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy, reflect the document number assigned by CM/ECF, and be placed in a tabbed binder. (MacDonald, Gail) |
| Filing 28 REPLY to Response to #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 27 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING Defendant BMW of North American, LLC's motion for leave to file a reply brief #24 is allowed in part. Defendant may promptly file a reply brief, limited to three pages, identifying the factual allegations purportedly included in Plaintiffs' Opposition #23 that are not included in the Amended Complaint #15 . Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (adminn, ) |
| Filing 26 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #24 MOTION for Leave to File Reply Brief by Philip Semprevivo, Jr on behalf of BMW of North America, LLC filed by on behalf of BMW of North America, LLC. (Attachments: #1 Correspondence In Connection with LR 7.1)(Semprevivo, Philip) |
| Filing 25 Opposition re #24 MOTION for Leave to File Reply Brief filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 24 MOTION for Leave to File Reply Brief by BMW of North America, LLC.(Semprevivo, Philip) |
| Filing 23 MEMORANDUM in Opposition re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lemberg, Sergei) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BMW of North America, LLC. (Semprevivo, Philip) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 3/13/2019) by BMW of North America, LLC.(Semprevivo, Philip) (Main Document 21 replaced on 2/28/2019 to add correct PDF document to the entry) (Haran, Jodi). Modified on 8/22/2019 (MacDonald, Gail). |
| Filing 20 Judge Indira Talwani: ELECTRONIC ORDER entered Denied as moot #6 Motion to Dismiss for Failure to State a Claim. (Haran, Jodi) |
| Filing 19 ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference set for 2/11/19 is RESET for 4/29/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 18 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING nunc pro tunc Plaintiff John Schneider, et al.'s #17 MOTION for Leave to File Amended Complaint and Continue Scheduling Conference Defendant, BMW North America LLC's responsive pleading shall be filed no later than 30 days of this order. Defendant Bavarian Motor Works' responsive pleading shall be filed within 21 days of service of the Amended Complaint, or 30 days from the date of this order, whichever is later. Plaintiffs shall promptly serve a copy of the Amended Complaint and this order on Defendant Bavarian Motor Works in accordance with Fed. R. Civ. P. 4. The Rule 16 conference is cancelled and will be reset by the clerk. (Haran, Jodi) |
| Filing 17 MOTION for Leave to File Amended Complaint and Continue Scheduling Conference by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider.(Lemberg, Sergei) |
| Filing 16 Judge Indira Talwani: ELECTRONIC ORDER entered. Plaintiffs filed their #15 Amended Complaint more than 21 days after Defendant BMW of North America, LLC, filed its #6 Motion to Dismiss. If, consistent with the parties' #11 Stipulation to extend time, the Defendant assents to the filing of the Amended Complaint, Plaintiffs shall file an assented-to motion for leave to file the amended complaint, which the court anticipates allowing nunc pro tunc. If Defendant does not assent to the filing of an Amended Complaint, Plaintiffs may seek leave to file the Amended Complaint by motion, accompanied by a Rule 7.1 Certificate. In either event, Plaintiffs shall respond to this order no later than January 25, 2019.(DaSilva, Carolina) |
| Filing 15 AMENDED COMPLAINT against BMW of North America, LLC, Bavarian Motor Works, filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Exhibit A)(Lemberg, Sergei) |
| Filing 14 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #13 Motion for Leave to Appear Pro Hac Vice Added Philip C. Semprevivo, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) |
| Filing 13 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Philip C. Semprevivo, Jr. Filing fee: $ 100, receipt number 0101-7493235 by BMW of North America, LLC. (Attachments: #1 Affidavit Norwell Affidavit, #2 Affidavit Semprevivo Affidavit)(Norwell, Bruce) |
| Filing 12 Judge Indira Talwani: ELECTRONIC ORDER entered GRANTING #11 Request to extend Plaintiffs' deadline to file a response to Defendant's Motion to Dismiss up to and including January 16, 2019. (DaSilva, Carolina) |
| Filing 11 STIPULATION to Extend Time by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Lemberg, Sergei) |
| Filing 10 NOTICE of Scheduling Conference: Scheduling Conference set for 2/11/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 9 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #8 Corporate Disclosure Statement, #7 Memorandum in Support of Motion, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bruce H. Norwell on behalf of BMW of North America, LLC. (Norwell, Bruce) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by BMW of North America, LLC identifying Corporate Parent BMW (US) Holdings Corp. for BMW of North America, LLC.. (Norwell, Bruce) |
| Filing 7 MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BMW of North America, LLC. (Norwell, Bruce) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BMW of North America, LLC.(Norwell, Bruce) |
| Filing 5 SUMMONS Returned Executed BMW of North America, LLC served on 11/5/2018, answer due 11/26/2018. (Lemberg, Sergei) |
| Filing 4 SUMMONS Returned Executed Bavarian Motor Works served on 11/5/2018, answer due 11/26/2018. (Lemberg, Sergei) |
| Filing 3 Summons Issued as to BMW of North America, LLC, Bavarian Motor Works. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DeMaria, Timothy) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 1 COMPLAINT against BMW of North America, LLC, Bavarian Motor Works Filing fee: $ 400, receipt number 0101-7383341 (Fee Status: Filing Fee paid), filed by Posnett Omonyi, Rainerio Reyes, Barbara Reyes, Oscar Rosario, John Schneider. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Lemberg, Sergei). (Attachment 1 replaced on 10/26/2018 due to incomplete form filed by plaintiff) (DeMaria, Timothy). |
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