Arias et al v. Mercedes-Benz USA, LLC

Arias et al v. Mercedes-Benz USA, LLC

Plaintiff:	Jose Arias and Wynette Arias
Defendant:	Mercedes-Benz USA, LLC
Case Number:	1:2021cv00097
Filed:	March 31, 2021
Court:	US District Court for the Southern District of Mississippi
Office:	Southern Office
Presiding Judge:	Taylor B McNeel
Referring Judge:	Robert P Myers
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on February 25, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 20, 2021	Filing 35 ORDER granting #33 Motion to Appear Pro Hac Vice; granting #34 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on April 20, 2021 (King, Steve)
April 19, 2021	Filing 34 MOTION for Mark E. Van Horn to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4533397) by Mercedes-Benz USA, LLC (Attachments: #1 Exhibit Certificate of Good Standing)(Herbert, Jennifer)
April 19, 2021	Filing 33 MOTION for Perry R. Staub, Jr. to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4533370) by Mercedes-Benz USA, LLC (Attachments: #1 Exhibit Certificate of Good Standing)(Herbert, Jennifer)
April 1, 2021	Filing 32 Letter sent to Gills, Ewald, Staub, McGrew and Van Horn on 4/1/2021 requesting PHV motion, proposed order and fee. (wld)
March 31, 2021	Filing 31 Case transferred in from District of Louisiana Middle; Case Number 3:20-cv-00546. Original file certified copy of transfer order and docket sheet received.
March 31, 2021	Filing 30 GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH) [Transferred from Louisiana Middle on 3/31/2021.]
March 30, 2021	Filing 29 RULING AND ORDER The #10 Motion to Dismiss First Amended Complaint Pursuant To Fed. R. Civ. P. 12(b)(2)is GRANTED IN PART AND DENIED IN PART. The #12 Motion to Stay Decision on Defendants #10 Motion to Dismiss and to Compel Jurisdictional Discovery is DENIED. This matter be and is hereby transferred to the United States District Court for the Southern District of Mississippi. The #4 Motion to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(2) (Doc. 4) is DENIED AS MOOT. Signed by Judge Brian A. Jackson on 3/30/2021. (LLH) [Transferred from Louisiana Middle on 3/31/2021.]
January 15, 2021	Filing 28 ORDER granting #25 Ex Parte Second Motion to Continue Scheduling Conference. The Scheduling Conference previously set for 1/28/2021 is CANCELED. Counsel is instructed to contact chambers when a ruling is issued on the pending Motion to Dismiss. Signed by Magistrate Judge Scott D. Johnson on 1/15/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) [Transferred from Louisiana Middle on 3/31/2021.]
January 14, 2021	Filing 27 Joint STATUS REPORT Per January 28, 2021 Scheduling Conference by Jose Arias, Wynette Arias. (Gills, Nadine) [Transferred from Louisiana Middle on 3/31/2021.]
January 11, 2021	Filing 26 First RESPONSE to #25 Second MOTION to Continue Scheduling Conference filed by Jose Arias, Wynette Arias. (Attachments: #1 Attachment Emails Agreeing to Continuance)(Gills, Nadine) [Transferred from Louisiana Middle on 3/31/2021.]
January 11, 2021	MOTION(S) REFERRED: #25 Second MOTION to Continue Scheduling Conference . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 3/31/2021.]
January 8, 2021	Filing 25 Second MOTION to Continue Scheduling Conference by Mercedes-Benz USA, LLC. (Attachments: #1 Memorandum in Support)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
November 10, 2020	Filing 24 ORDER granting #21 Ex Parte Motion to Continue Scheduling Conference. Scheduling Conference reset for 1/28/2021 at 09:30 AM before Magistrate Judge Scott D. Johnson. Status Report due by 1/14/2021. Signed by Magistrate Judge Scott D. Johnson on 11/10/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) Modified on 12/3/2020 to correct the year (KAH). [Transferred from Louisiana Middle on 3/31/2021.]
November 6, 2020	Filing 23 Reply to Defendant's #21 Ex Parte MOTION to Continue Scheduling Conference filed by Jose Arias, Wynette Arias. (Gills, Nadine) Modified on 11/9/2020 to edit text (ELW). [Transferred from Louisiana Middle on 3/31/2021.]
November 6, 2020	Filing 22 MEMORANDUM in Opposition to #13 First MOTION to Stay Decision on Defendants #10 Motion to Dismiss and to Compel Jurisdictional Discovery filed by Mercedes-Benz USA, LLC. (Attachments: #1 Exhibit LA Sec of State Comm Search MBUSA, #2 Exhibit LA SOS Comm Search MBNO, #3 Exhibit LA SOS Comm Search Benson Motor Co, #4 Exhibit Dupree Complaint)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
November 6, 2020	Filing 21 Ex Parte MOTION to Continue Scheduling Conference by Mercedes-Benz USA, LLC. (Attachments: #1 Memorandum in Support)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
November 6, 2020	MOTION(S) REFERRED: #21 Ex Parte MOTION to Continue Scheduling Conference . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 3/31/2021.]
November 3, 2020	Filing 20 Joint STATUS REPORT Filed by Jose Arias, Wynette Arias. (Gills, Nadine) [Transferred from Louisiana Middle on 3/31/2021.]
October 29, 2020	Filing 19 ORDER granting #18 Joint Motion for Extension of Time to File Status Report. The time period for the parties to submit the status report is extended from Thursday October 29, 2020 to Tuesday November 3, 2020. Signed by Magistrate Judge Scott D. Johnson on 10/29/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) [Transferred from Louisiana Middle on 3/31/2021.]
October 29, 2020	Filing 18 Joint MOTION for Extension of Time to File Status Report by Mercedes-Benz USA, LLC. (Attachments: #1 Proposed Pleading; Order)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
October 29, 2020	MOTION(S) REFERRED: #18 Joint MOTION for Extension of Time to File Status Report. This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 3/31/2021.]
October 27, 2020	Filing 17 ORDER granting #15 Motion for Edward L. Ewald Jr. to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 10/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) [Transferred from Louisiana Middle on 3/31/2021.]
October 23, 2020	Filing 16 NOTICE of Amended Declaration in Support of Motion for Pro Hac Vice by Jose Arias, Wynette Arias re #15 First MOTION for Edward L. Ewald Jr. to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2190844) (Gills, Nadine) (Main Document 16 replaced on 10/26/2020) (EDC). Modified on 10/26/2020 to rotate pages. (EDC). [Transferred from Louisiana Middle on 3/31/2021.]
October 23, 2020	Filing 15 First MOTION for Edward L. Ewald Jr. to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2190844) by Jose Arias, Wynette Arias. (Attachments: #1 Affidavit Declaration in Support with Certificate of Good Standing, #2 Proposed Pleading; Order for Pro Hac Vice Admission)(Gills, Nadine) (Attachment 1 replaced on 10/27/2020 to correct page orientation) (SWE). [Transferred from Louisiana Middle on 3/31/2021.]
October 23, 2020	MOTION(S) REFERRED: #15 First MOTION for Edward L. Ewald Jr. to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2190844). This motion is now pending before the USMJ. (SWE) [Transferred from Louisiana Middle on 3/31/2021.]
October 20, 2020	Filing 14 REPLY to #10 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), #11 Memorandum in Opposition to Motion, filed by Mercedes-Benz USA, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
October 16, 2020	Filing 13 MEMORANDUM of Law in Support of #12 MOTION to Stay Decision on Defendants #10 Motion to Dismiss and to Compel Jurisdictional Discovery by Jose Arias, Wynette Arias. (Attachments: #1 Affidavit Declaration in Support with Exhibits, #2 Proposed Pleading; Proposed Order)(Gills, Nadine) Modified on 10/19/2020 to edit event and text (LLH) [Transferred from Louisiana Middle on 3/31/2021.]
October 16, 2020	Filing 12 Motion to Stay Decision on Defendants #10 Motion to Dismiss and to Compel Jurisdictional Discovery by Jose Arias, Wynette Arias (Gills, Nadine) Modified on 10/19/2020 to edit event (LLH). [Transferred from Louisiana Middle on 3/31/2021.]
October 7, 2020	Filing 11 MEMORANDUM in Opposition to #10 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) filed by All Plaintiffs. (Attachments: #1 Attachment Declaration of Nadine Gills in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss)(Gills, Nadine) [Transferred from Louisiana Middle on 3/31/2021.]
September 16, 2020	Filing 10 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) by Mercedes-Benz USA, LLC. (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of C Cieslak, #3 Exhibit Report and Recommendations, #4 Exhibit LA SOS Search Result)(Staub, Perry) Modified on 9/17/2020 to edit the docket text (SWE). [Transferred from Louisiana Middle on 3/31/2021.]
September 16, 2020	Filing 9 NOTICE to Take Deposition of Mercedes-Benz of New Orleans by Jose Arias, Wynette Arias. (Attachments: #1 Exhibit Deposition Notice to MBNO, #2 Exhibit Amended Complaint, #3 Exhibit Request for Production of Documents)(Gills, Nadine) (Main Document 9 replaced on 9/17/2020 to flatten the document) (KMW). [Transferred from Louisiana Middle on 3/31/2021.]
September 16, 2020	Filing 8 ORDER granting #7 Motion to Strike Notice of Appearance. The Clerk's office shall strike record document 5 from the record. Signed by Magistrate Judge Scott D. Johnson on 9/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) [Transferred from Louisiana Middle on 3/31/2021.]
September 16, 2020	MOTION(S) REFERRED: #7 First MOTION to Strike Document 5 Notice of Appearance. This motion is now pending before the USMJ. (KMW) [Transferred from Louisiana Middle on 3/31/2021.]
September 15, 2020	Filing 7 First MOTION to Strike Document 5 Notice of Appearance by Jose Arias, Wynette Arias. (Gills, Nadine) Modified on 9/16/2020 to edit the docket text (KMW). [Transferred from Louisiana Middle on 3/31/2021.]
September 14, 2020	Filing 6 FIRST AMENDED COMPLAINT against Mercedes-Benz USA, LLC, filed by Jose Arias, Wynette Arias. (Attachments: #1 Exhibit)(Gills, Nadine) Modified on 9/15/2020 to edit the docket text (SWE). [Transferred from Louisiana Middle on 3/31/2021.]
September 14, 2020	Filing 5 STRICKEN FROM THE RECORD NOTICE of Appearance of Plaintiff's Counsel Nadine Gills by Jose Arias, Wynette Arias (Gills, Nadine) Modified on 9/15/2020 to flatten and replace document (LLH). Modified on 9/17/2020 to remove the document as it has been stricken in accordance with record document 8 (KMW). [Transferred from Louisiana Middle on 3/31/2021.]
August 24, 2020	Filing 4 MOTION to Dismiss by Mercedes-Benz USA, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
August 24, 2020	Filing 3 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/12/2020 at 11:00 AM before Magistrate Judge Scott D. Johnson. Status Report due by 10/29/2020. Signed by Magistrate Judge Scott D. Johnson on 8/24/2020. (KAH) [Transferred from Louisiana Middle on 3/31/2021.]
August 20, 2020	Filing 2 NOTICE of Compliance with 28 U.S.C. Sec. 1447(b) by Mercedes-Benz USA, LLC (Attachments: #1 Exhibit)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]
August 20, 2020	Filing 1 NOTICE OF REMOVAL from 19th JDC, Case Number 697496. (Filing fee $ 400 receipt number ALAMDC-2159408), filed by Mercedes-Benz USA, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Staub, Perry) [Transferred from Louisiana Middle on 3/31/2021.]

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Defendant: Mercedes-Benz USA, LLC
Represented By:	Mark Edward Van Horn
Represented By:	Perry R. Staub, Jr.
Represented By:	Janet Daly McGrew
Represented By:	Perry R. Staub - PHV, Jr.
Represented By:	Mark Edward Van Horn - PHV
Represented By:	Jennifer R. Herbert
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Plaintiff: Jose Arias
Represented By:	Nadine Gills
Represented By:	Edward L. Ewald, Jr.
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Plaintiff: Wynette Arias
Represented By:	Nadine Gills
Represented By:	Edward L. Ewald, Jr.
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