DMO NORWOOD LLC v. KIA AMERICA, INC.
Plaintiff: DMO NORWOOD LLC doing business as Dan OBrien Kia Norwood
Defendant: KIA AMERICA, INC.
Case Number: 1:2022cv10470
Filed: March 29, 2022
Court: US District Court for the District of Massachusetts
Presiding Judge: Allison D Burroughs
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332 Diversity-Account Receivable
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2022 Filing 30 Judge Allison D. Burroughs: PRETRIAL ORDER entered. ( Final Pretrial Conference set for 1/4/2023 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.) (Bench Trial set for 1/9/2023 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. )(McManus, Caetlin)
May 13, 2022 Filing 29 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #26 Motion for Leave to Appear Pro Hac Vice Added Alan Mendelsohn. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin)
May 13, 2022 Filing 28 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #25 Motion for Leave to Appear Pro Hac Vice Added James McGovern. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin)
May 13, 2022 Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #24 Motion for Leave to Appear Pro Hac Vice Added John J. Sullivan. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin)
May 13, 2022 Filing 26 MOTION for Leave to Appear Pro Hac Vice for admission of Alan Mendelsohn Filing fee: $ 100, receipt number AMADC-9320983 by KIA AMERICA, INC.. (Attachments: #1 Exhibit A - Certification of Alan Mendelsohn, #2 Exhibit B - Certificate of Good Standing)(Fuller, Anthony)
May 13, 2022 Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of James McGovern Filing fee: $ 100, receipt number AMADC-9320955 by KIA AMERICA, INC.. (Attachments: #1 Exhibit A - Certification of James McGovern, #2 Exhibit B - Certificate of Good Standing)(Fuller, Anthony)
May 13, 2022 Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of John Sullivan Filing fee: $ 100, receipt number AMADC-9320902 by KIA AMERICA, INC.. (Attachments: #1 Exhibit A - Certification of John Sullivan, #2 Exhibit B - Certificate of Good Standing)(Fuller, Anthony)
April 29, 2022 Filing 23 ANSWER to Complaint by KIA AMERICA, INC..(Fuller, Anthony)
April 25, 2022 Filing 22 ELECTRONIC NOTICE Canceling Motion Hearing originally set for 5/9/22. (Folan, Karen)
April 25, 2022 Filing 21 Judge Allison D. Burroughs: ELECTRONIC ORDER entered finding as moot #11 Motion for Preliminary Injunction. (Folan, Karen)
April 25, 2022 Filing 20 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #18 Motion for Extension of Time to 4/29/22 to File answer. (Folan, Karen)
April 25, 2022 Filing 19 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #17 Motion for Order approving Stipulation on Motion for Preliminary Injunction. (Folan, Karen)
April 22, 2022 Filing 18 Assented to MOTION for Extension of Time to April 29, 2022 to File Answer to Plaintiffs Verified Complaint by KIA AMERICA, INC..(Fuller, Anthony)
April 22, 2022 Filing 17 Joint MOTION for Order to Approve Stipulation Regarding Plaintiff's Motion for Preliminary Injunction by DMO NORWOOD LLC. (Attachments: #1 Exhibit A (Stipulation Regarding Plaintiff's Motion for Preliminary Injunction))(Radke, James)
April 13, 2022 Filing 16 NOTICE of Appearance by Kayla Ghantous on behalf of KIA AMERICA, INC. (Ghantous, Kayla)
April 12, 2022 Filing 15 STATE COURT Record. (Fuller, Anthony)
April 1, 2022 Filing 14 ELECTRONIC NOTICE of Hearing. Bench Trial set for 1/9/2023 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (Folan, Karen)
March 31, 2022 Filing 13 AFFIDAVIT of Thomas Kuhn in Support re #11 MOTION for Preliminary Injunction filed by DMO NORWOOD LLC. (Attachments: #1 Exhibit A (KIA Dealer Sales and Service Agreement), #2 Exhibit B (1-28-2022 Letter), #3 Exhibit C (Sales Policy), #4 Exhibit D (5-17-2021 Letter), #5 Exhibit E (6-8-2021 Email), #6 Exhibit F (8-2-2021 Letter), #7 Exhibit G (9-16-2021 Letter), #8 Exhibit H (1-3-2022 Letter), #9 Exhibit I (1-12-2022 to 1-31-2022 Email String), #10 Exhibit J (2-4-2022 Letter))(Radke, James)
March 31, 2022 Filing 12 MEMORANDUM in Support re #11 MOTION for Preliminary Injunction filed by DMO NORWOOD LLC. (Radke, James)
March 31, 2022 Filing 11 MOTION for Preliminary Injunction by DMO NORWOOD LLC.(Radke, James)
March 30, 2022 Filing 10 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 3/30/2022. Colloquy re: recusal issue. PI motion filed in state court will be re-filed by counsel on our docket. Motion Response to motion will be due 4/22/22, reply by 5/3/22. Hearing set for 5/9/2022 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Trial estimated to be 1 week. Counsel will check dates of 8/1 and 8/8 and get back to court to schedule trial date. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Vangel, Radke, Sullivan) (Folan, Karen)
March 29, 2022 Filing 9 ELECTRONIC NOTICE of Hearing. Telephone Status Conference set for 3/30/2022 10:00 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen)
March 29, 2022 Filing 8 CORPORATE DISCLOSURE STATEMENT by DMO NORWOOD LLC. (Radke, James)
March 29, 2022 Filing 7 NOTICE of Appearance by James F. Radke on behalf of DMO NORWOOD LLC (Radke, James)
March 29, 2022 Filing 6 NOTICE of Appearance by Thomas S. Vangel on behalf of DMO NORWOOD LLC (Vangel, Thomas)
March 29, 2022 Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Kelly, Danielle)
March 29, 2022 Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 M. Page Kelley. (Finn, Mary)
March 29, 2022 Filing 3 CORPORATE DISCLOSURE STATEMENT by KIA AMERICA, INC. identifying Corporate Parent Hyundai Motor Company, Corporate Parent KIA Motors Corporation for KIA AMERICA, INC... (Fuller, Anthony)
March 29, 2022 Filing 2 NOTICE of Appearance by Anthony E. Fuller on behalf of KIA AMERICA, INC. (Fuller, Anthony)
March 29, 2022 Filing 1 NOTICE OF REMOVAL by KIA AMERICA, INC. ( Filing fee: $ 402, receipt number AMADC-9248164 Fee Status: Filing Fee paid) (Attachments: #1 EXHIBIT A - Summons and Orders of Notice, #2 EXHIBIT B - Verified Complaint, #3 EXHIBIT C - Motion for Approval as Special Process Server, #4 EXHIBIT D - Clerk's Notice re Entry of Allowance of Special Process Server Motion, #5 EXHIBIT E - O'Brien Plaintiff's Motion for PI, #6 EXHIBIT F - O'Brien Plaintiff's Short Order of Notice, #7 EXHIBIT G - Clerk's Notice re Entry of Issurance of Summons Order of Notice, #8 EXHIBIT H - O'Brien Plaintiff's Memo in Support of Motion for PI, #9 EXHIBIT I - O'Brien Kuhn Affidavit, #10 EXHIBIT J - Tracking Order, #11 EXHIBIT K - Civil Action Cover Sheet, #12 EXHIBIT L - Corporate Disclosure Statement of DMO Norwood LLC, #13 Civil Cover Sheet, #14 Category Form, #15 Certificate of Service)(Fuller, Anthony)

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Plaintiff: DMO NORWOOD LLC doing business as Dan OBrien Kia Norwood
Represented By: Thomas S. Vangel
Represented By: James F. Radke
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Defendant: KIA AMERICA, INC.
Represented By: Anthony E. Fuller
Represented By: John J. Sullivan
Represented By: Kayla Ghantous
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