Raymo et al v. FCA US LLC et al
| Manuel Pena, Jeremy Raymo, Gary Gaster, Forrest Poulson, Brendon Goldstein, Clarence Johnson, Ian Hacker, Jason Gindele, John Reyes, Stephen Zimmerer, Luke Wyatt, Justin Sylva, Dennis Kogler, Matt Baffunno, Chris Wendel, James Blount, Darin Ginther and Jeremy Batey |
| FCA US LLC and Cummins Inc. |
| 2:2017cv12168 |
| July 3, 2017 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| St. Clair |
| Terrence G Berg |
| Stephanie Dawkins Davis |
| Stephanie Dawkins DavisM |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 49
ORDER granting #48 Motion to Withdraw Brittany Mouzourakis as Counsel of Record for Defendant FCA US LLC. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 48 MOTION to Withdraw Brittany Mouzourakis by FCA US LLC. (Feeney, James) |
| Filing 47 TRANSCRIPT of MOTION TO DISMISS held on November 20, 2019. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 85) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N) |
| Minute Entry for proceedings before District Judge Terrence G. Berg: Motion Hearing held on 11/20/2019 re #34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Cummins Inc., #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by FCA US LLC. Disposition: Motion taken under advisement (Court Reporter: Jodi Matthews) (AChu) |
| Filing 46 NOTICE of Appearance by Dennis A. Lienhardt on behalf of All Plaintiffs. (Lienhardt, Dennis) |
| Filing 45 NOTICE of Appearance by Brittany J. Mouzourakis on behalf of FCA US LLC. (Mouzourakis, Brittany) |
| Filing 44 NOTICE OF HEARING on #34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint, #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint. Motion Hearing reset for 11/20/2019 03:00 PM before District Judge Terrence G. Berg (AChu) |
| Filing 43 DECLARATION by William B. Monahan re #42 Reply to Response to Motion to Dismiss filed by FCA US LLC (Attachments: #1 Exhibit Cummins' Response in Opposition to FCA's Motion to Vacate or Stay Temporary Restraining Order) (Giuffra, Robert) |
| Filing 42 REPLY to Response re #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by FCA US LLC. (Giuffra, Robert) |
| Filing 41 REPLY to Response re #34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Cummins Inc.. (Attachments: #1 Exhibit A - Compendium of Unpublished Cases) (Garlough, Jonathan) |
| Filing 40 NOTICE OF HEARING on #34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint, #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint. Motion Hearing set for 10/30/2019 01:30 PM before District Judge Terrence G. Berg (AChu) |
| Filing 39 RESPONSE to #34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint, #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint (PLAINTIFFS' JOINT OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS THE FIRST AMENDED CLASS ACTION COMPLAINT) filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - EPA News Release, In Civil Settlements with the United States and California, Fiat Chrysler to Settle Allegations of Cheating on Federal and State Vehicle Emissions Tests (Jan. 10, 2019), #3 Exhibit 2 - Dodge Ram 2016 Diesel Warranty Information) (Berman, Steve) |
| Filing 38 NOTICE of Appearance by Jennifer R. Scullion on behalf of All Plaintiffs. (Scullion, Jennifer) |
| Filing 37 Notice of Determination of Motion Without Oral Argument re #34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint, #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint (AChu) |
| Filing 36 DECLARATION by William B. Monahan re #35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by FCA US LLC (Attachments: #1 Exhibit Emissions Defect Information Report, #2 Exhibit July 31 2018 EPA Press Release, #3 Exhibit Summary of Plaintiffs' Vehicle Purchases, #4 Exhibit FCA Response in Opp'n to Cummins' Motion for TRO in FCA v Cummins, #5 Exhibit Recall Plan, #6 Exhibit Recall Notice, #7 Exhibit EIA FAQ) (Giuffra, Robert) |
| Filing 35 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint by FCA US LLC. (Giuffra, Robert) |
| Filing 34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint by Cummins Inc.. (Attachments: #1 Exhibit A - Compendium of Unpublished Cases) (Garlough, Jonathan) |
| Filing 33 NOTICE of Appearance by James P. Feeney on behalf of FCA US LLC. (Feeney, James) |
| Filing 32 NOTICE of Appearance by Scott A. George on behalf of All Plaintiffs. (George, Scott) |
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Filing 31
STIPULATION AND ORDER for Revised Briefing Schedule. Signed by District Judge Terrence G. Berg. (AChu)
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Filing 30
STIPULATION AND ORDER for Briefing Schedule and to Extend Page Limitations. Set Motion Deadlines: (Motions due by 6/3/2019, Response due by 7/18/2019, Reply due by 8/19/2019) Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 29 NOTICE of Appearance by William Kalas on behalf of All Plaintiffs. (Kalas, William) |
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Filing 28
ORDER granting #27 Motion for Withdrawal of Dennis Lienhardt as Counsel of Record for Plaintiffs. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 27 MOTION to Withdraw Dennis A. Lienhardt as Counsel of Record for Plaintiffs by All Plaintiffs. (Almonrode, Sharon) |
| Filing 26 NOTICE of Appearance by Caroline F. Bartlett on behalf of All Plaintiffs. (Bartlett, Caroline) |
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Filing 25
SUPERSEDING ORDER Replacing Stipulated Order to File Amended Complaint and Extend Time for Responses. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 24 NOTICE of Appearance by William B. Monahan on behalf of FCA US LLC. (Monahan, William) |
| Minute Entry for proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 12/19/2018 (Court Reporter: None Present, Not on the Record) (AChu) |
| RESET Hearings, TIME CHANGE, ONLY: TELEPHONIC Status Conference RESET for 12/19/2018 11:00 AM before District Judge Terrence G. Berg. (AChu) |
| Filing 23 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 12/19/2018 11:30 AM before District Judge Terrence G. Berg (AChu) |
| Filing 22 RESPONSE to #21 Joint MOTION for Extension of Time to File Answer filed by All Plaintiffs. (Miller, E.) |
| Filing 21 Joint MOTION for Extension of Time to File Answer by Cummins Inc.. (Imbrogno, Leah) |
| Filing 20 NOTICE of Appearance by Michael D. Leffel on behalf of Cummins Inc.., NOTICE by on behalf of Cummins Inc. AMENDED (Leffel, Michael) |
| Filing 19 NOTICE of Appearance by Jeffrey Soble on behalf of Cummins Inc.. (Soble, Jeffrey) |
| Filing 18 NOTICE of Appearance by Michael D. Leffel on behalf of Cummins Inc.. (Leffel, Michael) |
| Filing 17 AMENDED COMPLAINT with Jury Demand First Amended Class Action Complaint filed by All Plaintiffs against Cummins Inc., FCA US LLC. NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 (Ram Owner's Manual - Ram Truck Diesel Supp. (2013), #3 Exhibit 2 (Ram brochure 2012), #4 Exhibit 3 (5-23-17 DOJ Press Release), #5 Exhibit 4 (Ram brochure 2013), #6 Exhibit 5 (Ram Owner's Manual - Ram Truck Diesel Supp (2014)), #7 Exhibit 6 (Ram Owner's Manual - Ram Truck Diesel Supp. (2015)), #8 Exhibit 7 (Ram Owner's Manual - Ram Truck Diesel Supp. (2016)), #9 Exhibit 8 (Ram Owner's Manual - Ram Truck Diesel Supp. (2017)), #10 Exhibit 9 (2015 Cummins Powered Ram Trucks Deliver Best-in-Class 865lb Torque), #11 Exhibit 10 (Screenshot), #12 Exhibit 11 (Cummins History), #13 Exhibit 12 (Cummins Reveals Best-in-Class 2007 Turbo Diesel Engine), #14 Exhibit 13 (DieselNet: Emission Standards), #15 Exhibit 14 (6-16-98 DOJ Press Release), #16 Exhibit 15 (Jalopnik - How the EPA Won (9-21-15)), #17 Exhibit 16 (2-22-10 DOJ Press Release), #18 Exhibit 17 (Cummins: An Engine maker Best on Clean Air & Wins), #19 Exhibit 18 (9-28-06 PR Newswire), #20 Exhibit 19 (Top 10 Ways Cummins is Redefining Value), #21 Exhibit 20 (Ram 2500 Trucks website), #22 Exhibit 21 (2014 Ram brochure), #23 Exhibit 22 (Two-Millionth Cummins Pickup Engine), #24 Exhibit 23 (2016 Ram brochure), #25 Exhibit 24 (2017 Ram brochure), #26 Exhibit 25 (Ram trucks website - B20 Biofuel), #27 Exhibit 26 (Cummins Engines for Medium-duty Truck), #28 Exhibit 27 (Ram Build & Price - 2017 Ram 2500 Laramie), #29 Exhibit 28 (Ram Build & Price - 2017 Ram 2500 SLT), #30 Exhibit 29 (Ram Build & Price - 2017 Ram 2500 Tradesman), #31 Exhibit 30 (Ram Build & Price - 2017 Ram 2500 Big Horn), #32 Exhibit 31 (Ram Build & Price - 2017 Ram Laramie Longhorn), #33 Exhibit 32 (Ram Build & Price - 2017 Ram 2500 Limited Crew), #34 Exhibit 33 (1-12-17 EPA Notice of Violation to FCA), #35 Exhibit 34 (1-12-17 EPA News Release), #36 Exhibit 35 (&0 Fed. Reg. 59848), #37 Exhibit 36 (EPA Cert. & Fuel Econ. for Light Duty Passenger Cars & Trucks), #38 Exhibit 37 (11-30-12 EPA COC to Cummins), #39 Exhibit 38 (11-28-12 EPA COC to Cummins), #40 Exhibit 39 (7-30-13 EPA COC to Cummins), #41 Exhibit 40 (7-30-13 EPA COC to Cummins), #42 Exhibit 41 (7-7-14 EPA COC to Cummins), #43 Exhibit 42 (Cert. Summary Info. Report 7-7-14), #44 Exhibit 43 (7-7-14 EPA COC to Cummins), #45 Exhibit 44 (5-15-15 EPA COC to Cummins), #46 Exhibit 45 (5-15-15 EPA COC to Cummins), #47 Exhibit 46 (2015MY App. for Cert. by Cummins), #48 Exhibit 47 (2015MY App. for Cert. by Cummins), #49 Exhibit 48 (2016MY App. for Cert. by Cummins), #50 Exhibit 49 (2017MY App. for Cert. by Cummins), #51 Exhibit 50 (2017MY App. for Cert. by Cummins), #52 Exhibit 51 (2012MY App. for Cert. by Chrysler Grp.), #53 Exhibit 52 (2013MY App. for Cert. by Chrysler Grp.), #54 Exhibit 53 (2014MY App. for Cert. by Chrysler Grp.), #55 Exhibit 54 (7-27-16 EPA COC to Cummins), #56 Exhibit 55 (7-27-16 EPA COC to Cummins)) (Berman, Steve) |
| Filing 16 NOTICE of Change of Address/Contact Information by Steve W. Berman on behalf of Jeremy Raymo. (Berman, Steve) |
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Filing 15
STIPULATION AND ORDER to File Amended Complaint and Extend Time for Responses. Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 14 NOTICE of Appearance by James E. Cecchi on behalf of All Plaintiffs. (Cecchi, James) |
| Filing 13 ATTORNEY APPEARANCE: Jonathan W. Garlough appearing on behalf of Cummins Inc. (Garlough, Jonathan) |
| Filing 12 CERTIFICATE of Service/Summons Returned Executed. FCA US LLC served on 8/2/2017, answer due 8/23/2017. (Miller, E.) |
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Filing 11
STIPULATION AND ORDER to Extend Time to Respond re #1 Complaint. Response due by 11/2/2017 Signed by District Judge Terrence G. Berg. (AChu)
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| Filing 10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Cummins Inc. (Loew, Lauren) |
| Filing 9 ATTORNEY APPEARANCE: Lauren M. Loew appearing on behalf of Cummins Inc. (Loew, Lauren) |
| Filing 8 NOTICE of Appearance by Leah R. Imbrogno on behalf of Cummins Inc.. (Imbrogno, Leah) |
| Filing 7 CERTIFICATE of Service/Summons Returned Executed. Cummins Inc. served on 7/10/2017, answer due 7/31/2017. (Miller, E.) |
| Filing 6 NOTICE of Appearance by Dennis A. Lienhardt on behalf of All Plaintiffs. (Lienhardt, Dennis) |
| Filing 5 NOTICE of Appearance by E. Powell Miller on behalf of All Plaintiffs. (Miller, E.) |
| Filing 4 SUMMONS Issued for * All Defendants * (DWor) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DWor) |
| Filing 3 NOTICE of Appearance by Sharon S. Almonrode on behalf of All Plaintiffs. (Almonrode, Sharon) |
| Filing 2 NOTICE of Appearance by Jerrod C. Patterson on behalf of All Plaintiffs. (Patterson, Jerrod) |
| Filing 1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6294077 - Fee: $ 400. County of 1st Plaintiff: St. Clair - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Ram brochure (2012), #3 Exhibit 2 - DOJ Press Release, #4 Exhibit 3 - EPA Notice of Violation to FCA, #5 Exhibit 4 - EPA News Release, #6 Exhibit 5 - Ram brochure (2013), #7 Exhibit 6 - Ram Owner's Manual - Ram Truck Diesel Supplement (2013), #8 Exhibit 7 - Ram Owner's Manual - Ram Truck Diesel Supplement (2014), #9 Exhibit 8 - Ram Owner's Manual - Ram Truck Diesel Supplement (2015), #10 Exhibit 9 - Ram Owner's Manual - Ram Truck Diesel Supplement (2016), #11 Exhibit 10 - Ram Owner's Manual - Ram Truck Diesel Supplement (2017), #12 Exhibit 11 - Cummins - 2015 Cummins Powered Ram Trucks Deliver Best-in- Class, #13 Exhibit 12 - Ram Trucks website - B20 Biofuel, #14 Exhibit 13 - Cummins - Cummins On-Highway Engines, #15 Exhibit 14 - EPA Notice of Violation to Volkswagen, #16 Exhibit 15 - EPA What Is Emissions Trading, #17 Exhibit 16 - Trucktrend - A Decade of Cummins, Duramax, and Power Stroke Diesel Engines, #18 Exhibit 17 - Cummins - Cummins History, #19 Exhibit 18 - Cummins - Cummins Reveals Best-in-Class 2007 Turbo Diesel Engine, #20 Exhibit 19 - DieselNet - Emission Standards, #21 Exhibit 20 - DOJ Press Release (June 16, 1998), #22 Exhibit 21 - Jalopnik - How the EPA Won, #23 Exhibit 22 - DOJ News Release (Feb. 22, 2010), #24 Exhibit 23 - Fortune - Cummins-An Engine Maker Bets on Clean Air-and Wins, #25 Exhibit 24 - Lobbying Report, #26 Exhibit 25 - PR Newswire release (Sept. 26, 2006), #27 Exhibit 26 - Cummins - Two-Millionth Cummins Pickup Engine, #28 Exhibit 27 - Cummins - Top 10 Ways Cummins is Redefining Value, #29 Exhibit 28 - Ram brochure (2016), #30 Exhibit 29 - Ram Trucks website - Ram 2500, #31 Exhibit 30 - Ram Trucks website - America's Longest-Lasting Pickups, #32 Exhibit 31 - Ram Trucks website - Powertrain, #33 Exhibit 32 - Ram brochure (2014), #34 Exhibit 33 - Ram brochure (2015), #35 Exhibit 34 - Ram brochure (2017), #36 Exhibit 35 - Cummins - Cummins Engines for Medium-Duty Truck, #37 Exhibit 36 - 70 FR 59847, #38 Exhibit 37 - EPA - Certification and Fuel Economy for Light-Duty Passenger Cars and Trucks, #39 Exhibit 38 - EPA COC to Cummins (Nov. 30, 2012), #40 Exhibit 39 - EPA COC to Cummins (Nov. 28, 2012), #41 Exhibit 40 - EPA COC to Cummins (July 30, 2013), #42 Exhibit 41 - EPA COC to Cummins (July 30, 2013), #43 Exhibit 42 - EPA COC to Cummins (July 7, 2014), #44 Exhibit 43 - Certification Summary Information Report (July 7, 2014), #45 Exhibit 44 - EPA COC to Cummins (July 7, 2014), #46 Exhibit 45 - EPA COC to Cummins (May 15, 2015), #47 Exhibit 46 - EPA COC to Cummins (May 15, 2015), #48 Exhibit 47 - EPA COC to Cummins (July 27, 2016), #49 Exhibit 48 - EPA COC to Cummins (July 27, 2016), #50 Exhibit 49 - Application for Certification by Cummins (2015 MY), #51 Exhibit 50 - Application for Certification by Cummins (2015 MY), #52 Exhibit 51 - Application for Certification by Cummins (2016 MY), #53 Exhibit 52 - Application for Certification by Cummins (2017 MY), #54 Exhibit 53 - Application for Certification by Cummins (2017 MY), #55 Exhibit 54 - Application for Certification by Chrysler Group LLC (2012 MY), #56 Exhibit 55 - Application for Certification by Chrysler Group LLC (2013 MY), #57 Exhibit 56 - Application for Certification by Chrysler Group LLC (2014 MY)) (Berman, Steve) |
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