Gabrielle Lawton v. Hyundai Motor America, Inc. et al
| Gabrielle Lawton |
| Hyundai Motor America, Inc. and Does 1-50, inclusive |
| 4:2024cv00097 |
| February 9, 2024 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Howard F Sachs |
| Tort Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Defendant |
Docket Report
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| Document Text |
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| Filing 57 REPLY SUGGESTIONS to motion re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chad R. Beashore on behalf of Defendant Hyundai Motor America, Inc.. (Related document(s) #48 ) (Beashore, Chad) |
Filing 56
SCHEDULING ORDER: Discovery due by 2/25/2025. Dispositive Motions due by 3/25/2025. Teleconference set for 8/1/2025 10:30 AM. Pretrial Conference set for 8/15/2025 01:30 PM Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. Jury Trial set for 8/25/2025 08:30 AM in Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. Signed on 3/26/24 by Chief District Judge Beth Phillips. (Cordell, Annette)
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| Filing 55 SUGGESTIONS in opposition re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert William Thompson on behalf of Plaintiff Gabrielle Lawton. Reply suggestions due by 4/8/2024 unless otherwise directed by the court. (Attachments: #1 Affidavit)(Related document(s) #48 ) (Thompson, Robert) |
| Filing 54 Joint PROPOSED SCHEDULING ORDER by Hyundai Motor America, Inc.. (Beashore, Chad) |
| Filing 53 DESIGNATION OF NEUTRAL naming Kirk Goza(Beashore, Chad) |
| Filing 52 DEMAND for Trial by Jury by Hyundai Motor America, Inc.. (Beashore, Chad) |
| Filing 51 DISCLOSURE OF CORPORATE INTERESTS filed by Chad R. Beashore on behalf of Defendant Hyundai Motor America, Inc..(Beashore, Chad) |
| Filing 50 SUPPLEMENT Motion for Judicial Notice. (Attachments: #1 Exhibit 1 - Letter)(Related document(s) #48 ) (Beashore, Chad) |
| Filing 49 SUGGESTIONS in support re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chad R. Beashore on behalf of Defendant Hyundai Motor America, Inc.. (Related document(s) #48 ) (Beashore, Chad) |
| Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chad R. Beashore on behalf of Hyundai Motor America, Inc.. Suggestions in opposition/response due by 3/18/2024 unless otherwise directed by the court. (Beashore, Chad) |
| Filing 47 PROPOSED SCHEDULING ORDER by Hyundai Motor America, Inc.. (Beashore, Chad) |
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Filing 46
ORDER approving the parties' stipulated briefing schedule for Defendant's Motion to Dismiss, (Doc. 42). Signed on 2/27/2024 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/27/2024 as Document No. 47, Proposed Order. The proposed order has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Crocker, Susan) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/23/24 as Document No. 43, PROPOSED SCHEDULING ORDER. The proposed order has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. Counsel is directed to file a proper Proposed Scheduling Order that includes signature blocks for attorneys only. The Judge's signature block should not be included. This is a text entry only - no document is attached. (Houston, Kiambu) |
| Filing 45 NOTICE of appearance by Mackenzie Stout on behalf of Hyundai Motor America, Inc. (Attorney Mackenzie Stout added to party Hyundai Motor America, Inc.(pty:dft))(Stout, Mackenzie) |
| Filing 44 NOTICE of appearance by Chad R. Beashore on behalf of Hyundai Motor America, Inc. (Beashore, Chad) |
| Filing 43 PROPOSED SCHEDULING ORDER by Hyundai Motor America, Inc.. (Beashore, Chad) |
| Filing 42 STIPULATION to Briefing Schedule for Motion to Dismiss by Hyundai Motor America, Inc.. (Beashore, Chad) |
| Filing 41 NOTICE of appearance by James H. Thompson, Jr on behalf of All Plaintiffs (Attorney James H. Thompson, Jr added to party Gabrielle Lawton(pty:pla))(Thompson, James) |
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Filing 40
ORDER granting #38 & #39 motion to appear pro hac vice entered by Clerk of Court. Attorney Jonathan P. Schneller and Sabrina H. Strong for Hyundai Motor America, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 39 Motion to allow Sabrina H. Strong to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8878643) filed by Chad R. Beashore on behalf of Hyundai Motor America, Inc.. (Beashore, Chad) |
| Filing 38 Motion to allow Jonathan P. Schneller to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8878518) filed by Chad R. Beashore on behalf of Hyundai Motor America, Inc.. (Attorney Chad R. Beashore added to party Hyundai Motor America, Inc.(pty:dft))(Beashore, Chad) |
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Filing 37
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 3/22/2024. Rule 26 conference due by 3/8/2024. Signed on 2/21/24 by Chief District Judge Beth Phillips. (Cordell, Annette)
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Filing 36
ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to Chief District Judge Beth Phillips for all further proceedings. District Judge Howard F. Sachs no longer assigned to case. Please note new case number is 24-00097-CV-W-BP. This is a TEXT ONLY ENTRY. No document is attached. (Grube, Cheyenne)
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Filing 35
ORDER OF RECUSAL. The Clerk of Court is directed to randomly reassign this matter for all further proceedings. Signed on 2/16/24 by District Judge Howard F. Sachs. (Anderson, Christy)
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| Filing 34 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to outside neutral category I. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 33 CASE TRANSFERRED IN from District of California Central; Case Number 8:23-cv-01797. |
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Filing 32
MINUTES [IN CHAMBERS] Order Regarding Motion to Transfer #27 and Motion to Dismiss #25 by Judge James V. Selna: For the following reasons, the Court GRANTS Hyundais Motion to transfer and DENIES as moot Hyundais Motion to dismiss. Denying #25 MOTION to Dismiss Case ; Granting #27 MOTION to Transfer Case. [SEE DOCUMENT FOR FURTHER INFORMATION.] MD JS-6. Case Terminated. (es) [Transferred from cacd on 2/9/2024.]
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| Filing 31 REPLY In Support of NOTICE OF MOTION AND MOTION to Transfer Case to Western District of Missouri pursuant to 28 U.S.C. 1404(a) #27 filed by Defendant Hyundai Motor America, Inc.. (Attachments: #1 Declaration of Matt Little)(Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 30 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant Hyundai Motor America, Inc.. (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 29 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Western District of Missouri pursuant to 28 U.S.C. 1404(a) #27 filed by Plaintiff Gabrielle Lawton. (Attachments: #1 Declaration of Robert W. Thompson)(Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Gabrielle Lawton. (Attachments: #1 Declaration of Robert W. Thompson)(Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 27 NOTICE OF MOTION AND MOTION to Transfer Case to Western District of Missouri pursuant to 28 U.S.C. 1404(a) filed by Defendant Hyundai Motor America, Inc.. Motion set for hearing on 2/12/2024 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order) (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 26 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant Hyundai Motor America, Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Hyundai Motor America, Inc.. Motion set for hearing on 2/12/2024 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order) (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
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Filing 24
ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO by Judge James V. Selna, IT IS HEREBY ORDERED THAT the deadline for Defendant to respond to Plaintiffs Complaint is hereby extended to December 18, 2023. If Defendant's response to the Complaint is a motion to dismiss, Defendant shall set the hearing for February 12, 2024; Plaintiff shall file her opposition no later than January 17, 2024 Defendant shall file its reply no later than January 29, 2024. (es) [Transferred from cacd on 2/9/2024.]
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| Filing 23 STIPULATION for Extension of Time to File Answer to 12/18/2023 filed by Defendant Hyundai Motor America, Inc.. (Attachments: #1 Proposed Order)(Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 22 MINUTES (IN CHAMBERS) by Judge James V. Selna: ORDER REGARDING MOTION TO REMAND #16 . Plaintiff Gabrielle Lawton moves to remand this action to the SuperiorCourt of the State of California. Defendant Hyundai Motor America, Inc. opposed the motion. Lawton replied. The Court DENIES the motion to remand. (SEE DOCUMENT FOR SPECIFICS). (lc) [Transferred from cacd on 2/9/2024.] |
| Filing 21 MINUTES OF PLAINTIFF'S MOITON TO REMAND Hearing held before Judge James V. Selna: Cause is called for hearing and counsel for defendant makes his appearance. Robert Thompson, counsel for plaintiff did not make an appearance. The Court orders that the tentative ruling shall become the order of the Court. Court Reporter: Deborah Parker. (lc) [Transferred from cacd on 2/9/2024.] |
| Filing 20 REPLY NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #16 filed by Plaintiff Gabrielle Lawton. (Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 19 OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #16 filed by Defendant Hyundai Motor America, Inc.. (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
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Filing 18
ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO THE COMPLAINT #14 , by Judge James V. Selna. IT IS HEREBY ORDERED THAT the deadline for Defendant to respond to the Complaint in this action shall be extended until fourteen (14) days after the Court rules on Plaintiff's Motion for Remand. (es) [Transferred from cacd on 2/9/2024.]
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| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #12 . The following error(s) was/were found: Wrong event and form used, the correct event is "Notice">"Notice of Lodging" and the correct form CV 11D form has to be attached. Please refer to General Order 18-11. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (rn) [Transferred from cacd on 2/9/2024.] |
| Filing 16 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiff's Counsel Gabrielle Lawton. Motion set for hearing on 11/20/2023 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order, #2 Declaration) (Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 15 NOTICE OF ERRATA filed by Plaintiff Gabrielle Lawton. correcting Memorandum in Support of Motion #11 (Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 14 STIPULATION for Extension of Time to File Answer to 14 Days from the date the Court rules on Plaintiff's Motion for Remand filed by Defendant Hyundai Motor America, Inc.. (Attachments: #1 Proposed Order)(Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 13 Certificate of Interested Parties (Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 12 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
| Filing 11 MEMORANDUM in Support Motion to Remand and Notice of Motion filed by Plaintiff Gabrielle Lawton. (Attachments: #1 Proposed Order, #2 Declaration)(Thompson, Robert) [Transferred from cacd on 2/9/2024.] |
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Filing 10
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 8:22-ml-03052-JVS(KESx). Case transferred from Judge Fred W. Slaughter and Magistrate Judge Autumn D. Spaeth to Judge James V. Selna and Magistrate Judge Karen E. Scott for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:23-cv-01797-JVS(KESx). Signed by Judge James V. Selna (dta) [Transferred from cacd on 2/9/2024.]
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| Filing 9 NOTICE of Related Case(s) filed by Defendant Hyundai Motor America, Inc.. Related Case(s): 8:22-ml-03052 (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
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Filing 8
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) [Transferred from cacd on 2/9/2024.]
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) [Transferred from cacd on 2/9/2024.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from cacd on 2/9/2024.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fred W. Slaughter and Magistrate Judge Autumn D. Spaeth. (et) [Transferred from cacd on 2/9/2024.] |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Fred W. Slaughter for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Autumn D. Spaeth. New Case Number 8:23-cv-01797-FWS (ADSx). (et) [Transferred from cacd on 2/9/2024.] |
| NON CONFORMED COPY OF COMPLAINT filed by Plaintiff Gabrielle Lawton in Orange County Superior Court, attached as Exhibit 1. (jtil) [Transferred from cacd on 2/9/2024.] |
| Filing 3 PROOF OF SERVICE filed by Defendant Hyundai Motor America, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #2 served on 9/20/2023. (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Defendant Hyundai Motor America, Inc. identifying Hyundai Motor America, Inc. as Corporate Parent. (Madison, Steven) [Transferred from cacd on 2/9/2024.] |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number T23-8423 Receipt No: ACACDC-36078174 - Fee: $402, filed by Defendant Hyundai Motor America, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet) (Attorney Steven G Madison added to party Hyundai Motor America, Inc.(pty:dft))(Madison, Steven) [Transferred from cacd on 2/9/2024.] |
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