Badeen et al v. PAR, INC. d/b/a PAR North America et al
| Midwest Recovery and Adjustment, Inc. and George badeen |
| Renovo Services, LLC, Santander Consumer USA, Inc., Bank of America, N.A., The Huntington National Bank, Fifth Third Bank, Nissan Motor Acceptance Corporation, Toyota Motor Credit Corporation, Remarketing Solutions, LLC, PAR, INC. d/b/a PAR North America, PNC Bank, N.A. and TD Auto Finance, LLC |
| 2:2019cv10532 |
| February 21, 2019 |
| US District Court for the Eastern District of Michigan |
| Stephanie Dawkins Davis |
| Stephanie Dawkins DavisM |
| Matthew F Leitman |
| Victoria A Roberts |
| Torts to Land |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 63
ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-2008] (TTho)
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Filing 62
ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-2008] (TTho)
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| Filing Fee for Notice of Appeal Received by PAR, INC. d/b/a PAR North America. Receipt No: AMIEDC-8123051 - Fee: 505 re #61 Appeal Order/Opinion/Judgment. (Kimrey, Blaine) |
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Filing 61
ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-103] (TTho)
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Filing 59
ORDER Denying Motion for Reconsideration But Granting Motion for Stay Pending Appeal #56 . Signed by District Judge Victoria A. Roberts. (LVer)
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| Filing 60 ACKNOWLEDGMENT from Wayne County Circuit Court of receipt of #55 Notice of remand. (DPer) |
| Filing 58 REPLY to Response re #56 MOTION for Reconsideration re #54 Order Remanding Case [MOTION FOR RECONSIDERATION OR STAY OF ORDER GRANTING PLAINTIFFS' MOTION TO REMAND] filed by PAR, INC. d/b/a PAR North America, Remarketing Solutions, LLC, Renovo Services, LLC. (Kimrey, Blaine) |
| Filing 57 RESPONSE to #56 MOTION for Reconsideration re #54 Order Remanding Case [MOTION FOR RECONSIDERATION OR STAY OF ORDER GRANTING PLAINTIFFS' MOTION TO REMAND] filed by Midwest Recovery and Adjustment, Inc., George badeen. (Attachments: #1 Index of Exhibits, #2 Exhibit A, FOIA Response, #3 Exhibit B, Email, #4 Exhibit C, Transcript, #5 Exhibit D, Holston v Carolina Freight) (Xuereb, Joseph) |
| Set Deadlines as to #56 MOTION for Reconsideration of #54 Order Remanding Case. Response due by 4/23/2020; Reply due by 4/28/2020. (LVer) |
| Filing 56 MOTION for Reconsideration re #54 Order Remanding Case [MOTION FOR RECONSIDERATION OR STAY OF ORDER GRANTING PLAINTIFFS' MOTION TO REMAND] by PAR, INC. d/b/a PAR North America, Remarketing Solutions, LLC, Renovo Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Kimrey, Blaine) |
| Filing 55 NOTICE remanding case to WAYNE COUNTY CIRCUIT COURT. (DPer) |
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Filing 54
ORDER REMANDING CASE to Wayne County Circuit Court. Signed by District Judge Victoria A. Roberts. (DPer)
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| Filing 53 REPLY to Response re #45 MOTION to Remand filed by All Plaintiffs. (Xuereb, Joseph) |
| Filing 52 RESPONSE to #45 MOTION to Remand filed by PAR, INC. d/b/a PAR North America, Remarketing Solutions, LLC, Renovo Services, LLC. (Attachments: #1 Exhibit A: 04/18/2019 Transcript, #2 Exhibit B: Declaration of Leslie C. Morant) (Kimrey, Blaine) |
| Filing 51 NOTICE of Appearance by Anna S. McLean on behalf of Toyota Motor Credit Corporation. (McLean, Anna) |
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Filing 50
ORDER Granting #48 Notice of Withdrawal of Attorney Shanna Boughton. Signed by District Judge Victoria A. Roberts. (LVer)
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Filing 49
ORDER Granting #47 of Withdrawal Attorney Frederick R. Dewey. Signed by District Judge Victoria A. Roberts. (LVer)
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| Filing 48 NOTICE of Withdrawal of Attorney Shanna M. Boughton for on behalf of Santander Consumer USA, Inc.. (Boughton, Shanna) |
| Filing 47 NOTICE of Withdrawal of Attorney Frederick R. Dewey for on behalf of Bank of America, N.A.. (Dewey, Frederick) |
| Filing 46 CERTIFICATE OF SERVICE by All Plaintiffs (Xuereb, Joseph) |
| Filing 45 MOTION to Remand by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Second Amended Complaint and Jury Demand, #2 Exhibit Exhibit 2 - July 25, 2014 Letter, #3 Exhibit Exhibit 3 - Letter from Miller Canfield, July 30, 2014, #4 Exhibit Exhibit 4 - Plaintiffs' Brief in Support of Motion for Class Certification, #5 Exhibit Exhibit 5 - Notice of Removal (Exhibits omitted), #6 Exhibit Exhibit 6 - Plaintiffs' Answers to Defendants' Interrogatories, #7 Index of Exhibits Index of Exhibits) (Xuereb, Joseph) |
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Filing 44
ORDER Striking #43 MOTION to Remand filed by George Badeen, Midwest Recovery and Adjustment, Inc. Signed by District Judge Victoria A. Roberts. (see image for dates) (LVer)
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| Filing 43 [STRICKEN] MOTION to Remand by All Plaintiffs. (Xuereb, Joseph) |
| TEXT-ONLY NOTICE: Scheduling Conference on 11/6/19 at 11:00 am is Cancelled. (LVer) |
| Filing 42 NOTICE TO APPEAR: Scheduling Conference set for 11/6/2019 at 11:00 AM before District Judge Victoria A. Roberts. (see image for details and dates) (LVer) |
| Filing 41 NOTICE of Appearance by Michael Thomas Grant on behalf of Santander Consumer USA, Inc.. (Grant, Michael) |
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TEXT-ONLY ORDER Granting #40 MOTION for Withdrawal of Attorney Jessica Vartanian Currie filed by PAR, INC. d/b/a PAR North America. Signed by District Judge Victoria A. Roberts. (LVer)
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| Filing 40 MOTION for Withdrawal of Attorney Jessica Vartanian Currie by PAR, INC. d/b/a PAR North America. (Currie, Jessica) |
| Filing 39 NOTICE of Appearance by Lauren A. Kwapis on behalf of PAR, INC. d/b/a PAR North America. (Kwapis, Lauren) |
| Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Settlement Conference held on 10/1/2019. Disposition: No settlement reached. (Court Reporter: None Present, Not on the Record) (THal) |
| Filing 38 NOTICE of Appearance by Frederick R. Dewey on behalf of Bank of America, N.A.. (Dewey, Frederick) |
| Filing 37 NOTICE TO APPEAR: Settlement Conference reset for 10/1/2019 09:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint. *Confidential Settlement Statements due by 9/17/2019. (THal) |
| TEXT-ONLY NOTICE: Settlement Conference on 7/9/19 is Adjourned. New date to be set. (THal) |
| Filing 36 NOTICE of Appearance by Laura N. You on behalf of Fifth Third Bank. (You, Laura) |
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Filing 35
ORDER FOR SETTLEMENT CONFERENCE. ( Settlement Conference set for 7/9/2019 09:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint. *Confidential Settlement Statements due by 6/25/2019.) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal)
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Filing 34
ORDER REFERRING OTHER MATTERS to Magistrate Judge Dawkins Davis: Conduct Settlement Conference. Signed by District Judge Victoria A. Roberts. (LVer)
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Filing 33
ORDER. Signed by District Judge Victoria A. Roberts. (LVer)
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Filing 32
ORDER of Recusal and REASSIGNING CASE from District Judge Matthew F. Leitman in Flint to District Judge Victoria A. Roberts in Detroit. (NAhm)
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| Filing 31 TRANSCRIPT of IN-PERSON STATUS CONFERENCE held on April 18, 2019. (Court Reporter: Peg L. Goodrich) (Number of Pages: 46) The parties have 21 days to file with the court and Court Reporter 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 5/10/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/18/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Goodrich, P) |
| Minute Entry for proceedings before District Judge Matthew F. Leitman: Status Conference held on 4/18/2019. Order to Follow. (Court Reporter: Peg Goodrich) (HMon) |
| Filing 30 ANSWER to Complaint with Affirmative Defenses Answer to 2nd Am. Complt by Toyota Motor Credit Corporation. (Morant, Leslie) |
| Filing 29 NOTICE of Appearance by K. Issac DeVyver on behalf of Bank of America, N.A.. (DeVyver, K.) |
| Filing 28 ATTORNEY APPEARANCE: Jonathon Philip Reinisch appearing on behalf of PAR, INC. d/b/a PAR North America (Reinisch, Jonathon) |
| Filing 27 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by TD Auto Finance, LLC identifying Corporate Parent Toronto-Dominion Bank for TD Auto Finance, LLC. (Lund, Matthew) |
| Filing 26 NOTICE of Appearance by Karla L. Johnson on behalf of Bank of America, N.A.. (Johnson, Karla) |
| Filing 25 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Midwest Recovery and Adjustment, Inc. (Xuereb, Joseph) |
| Filing 24 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Remarketing Solutions, LLC (Morant, Leslie) |
| Filing 23 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Renovo Services, LLC (Morant, Leslie) |
| Filing 22 ANSWER to Complaint with Affirmative Defenses (Second Amended Complaint) by Remarketing Solutions, LLC. (Morant, Leslie) |
| Filing 21 ANSWER to Complaint with Affirmative Defenses (second Amended Complaint) by Renovo Services, LLC. (Morant, Leslie) |
| Set Deadlines/Hearings: IN PERSON Status Conference RESET for 4/18/2019 at 2:30 PM before District Judge Matthew F. Leitman. (HMon) |
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Filing 20
ORDER to Provide a Statement of the Case. Signed by District Judge Matthew F. Leitman. (HMon)
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| Filing 19 NOTICE TO APPEAR: IN PERSON Status Conference set for 4/3/2019 at 10:00 AM before District Judge Matthew F. Leitman. **ALL PROCEEDINGS STAYED IN THIS MATTER PENDING IN PERSON STATUS CONFERENCE** (HMon) |
| Filing 18 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by PAR, INC. d/b/a PAR North America identifying Corporate Parent ADESA, Inc., Corporate Parent KAR Auction Services, Inc. for PAR, INC. d/b/a PAR North America. (Kimrey, Blaine) |
| Filing 17 NOTICE of Appearance by Brett Gelbord on behalf of TD Auto Finance, LLC. (Gelbord, Brett) |
| Filing 16 NOTICE of Appearance by Matthew J. Lund on behalf of TD Auto Finance, LLC. (Lund, Matthew) |
| Filing 15 ANSWER to Complaint with Affirmative Defenses [SECOND AMENDED COMPLAINT] by PAR, INC. d/b/a PAR North America. (Currie, Jessica)[ORIGINALLY FILED IN STATE COURT] Modified on 3/1/2019 (DPer). |
| Filing 14 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Nissan Motor Acceptance Corporation identifying Corporate Parent Nissan North America, Inc., Corporate Parent Nissan Motor Co, Ltd., Other Affiliate Renault S.A. for Nissan Motor Acceptance Corporation. (Bruinsma, James) |
| Filing 13 ATTORNEY APPEARANCE: James R. Bruinsma appearing on behalf of Nissan Motor Acceptance Corporation (Bruinsma, James) |
| Filing 12 ATTORNEY APPEARANCE: Kathleen M. Ley-Bruinsma appearing on behalf of Nissan Motor Acceptance Corporation (Ley-Bruinsma, Kathleen) |
| Filing 11 NOTICE of Appearance by Matthew J. Boettcher on behalf of PNC Bank, N.A.. (Boettcher, Matthew) |
| Filing 10 NOTICE of Appearance by Matthew J. Boettcher on behalf of The Huntington National Bank. (Boettcher, Matthew) |
| Filing 9 NOTICE of Appearance by Patrick C. Lannen on behalf of PNC Bank, N.A.. (Lannen, Patrick) |
| Filing 8 NOTICE of Appearance by Patrick C. Lannen on behalf of The Huntington National Bank. (Lannen, Patrick) |
| Filing 7 NOTICE of Appearance by Shanna M. Boughton on behalf of Santander Consumer USA, Inc.. (Boughton, Shanna) |
| Filing 6 NOTICE of Appearance by Jeanah Park on behalf of PAR, INC. d/b/a PAR North America. (Park, Jeanah) |
| Filing 5 NOTICE of Appearance by Blaine C. Kimrey on behalf of PAR, INC. d/b/a PAR North America. (Kimrey, Blaine) |
| Filing 4 NOTICE of Appearance by Michael G. Brady on behalf of Fifth Third Bank. (Brady, Michael) |
| Filing 3 NOTICE of Appearance by Leslie C. Morant on behalf of Remarketing Solutions, LLC, Renovo Services, LLC. (Morant, Leslie) |
| Filing 2 NOTICE of Appearance by Amy Sabbota Gottlieb on behalf of Bank of America, N.A.. (Gottlieb, Amy) |
| NOTICE of Error directed to: Jessica Vartanian Currie re #1 Notice of Removal,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (SOso) |
| 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 (SOso) |
| Filing 1 NOTICE OF REMOVAL by PAR, INC. d/b/a PAR North America, Remarketing Solutions, LLC, Renovo Services, LLC from Wayne County Circuit Court, case number 10-004053-CZ. Receipt No: 0645-7119463 - Fee: $ 400 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - Pleadings in the State Court Action, #3 Exhibit B - True and Correct Copy of Plaintiffs Proposed Third Amended Complaint, #4 Exhibit C - Plaintiffs Answers to Defendant PAR, Inc.s Discovery Requests, #5 Exhibit Plaintiffs Discovery Requests to Forwarding Defendants) (Currie, Jessica) |
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