Willey v. BMW of North America, LLC et al
Plaintiff: Richard L. Willey and Richard L. Willey, Jr.
Defendant: BMW of North America, LLC, Bayerische Motoren Werke AG and Wuthrich BMW LLC
Case Number: 2:2024cv00467
Filed: March 8, 2024
Court: US District Court for the District of Nevada
Presiding Judge: James C Mahan
Referring Judge: Elayna J Youchah
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2024 Opinion or Order Filing 44 ORDER denying #43 Discovery Plan and Scheduling Order. SCHEDULING ORDER Discovery due by 2/6/2025. Motions due by 4/28/2025. Proposed Joint Pretrial Order due by 6/30/2025. Signed by Magistrate Judge Elayna J. Youchah on 5/6/2024. (Copies have been distributed pursuant to the NEF - CT)
May 3, 2024 Filing 43 Proposed Discovery Plan and Scheduling Order by Defendant BMW of North America, LLC. (Berard, Matthew)
April 30, 2024 Filing 42 REPLY to Response to #19 Motion to Dismiss,, by Defendant Bayerische Motoren Werke AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Valencia, Mario)
April 23, 2024 Filing 41 REPLY to Response to #34 Motion to Remand to State Court, by Plaintiff Richard L. Willey, Jr.. (Attachments: #1 Exhibit F - Wuthrich SOS Filing History)(Nauman, Steven)
April 17, 2024 Filing 40 RESPONSE to #34 Motion to Remand to State Court, by Defendant BMW of North America, LLC. Replies due by 4/24/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Valencia, Mario)
April 16, 2024 Filing 39 RESPONSE to #19 Motion to Dismiss,, by Plaintiff Richard L. Willey, Jr.. Replies due by 4/23/2024. (Attachments: #1 Index of Exhibits, #2 Declaration of Steven E. Nauman, #3 Exhibit A - "The BMW Group in the U.S.", #4 Exhibit B - "BMW Group History", #5 Exhibit C - List of BMW Dealerships in U.S., #6 Exhibit D - BMW AG Attends 2019 CES, #7 Exhibit E - BMW AG Attends 2020 CES, #8 Exhibit F - BMW AG Attends 2022 CES, #9 Exhibit G - BMW AG Attends 2023 CES, #10 Exhibit H - BMW AG Attends 2024 CES, #11 Exhibit I - BMW Group Report for 2023, #12 Exhibit J - BMW AG Corporate Governance 2022, #13 Exhibit K - BMW AG Corporate Governance 2023, #14 Exhibit L - Nevada Lawsuit, #15 Exhibit M - Settlement, #16 Exhibit N - Judgment and Injunction, #17 Exhibit O - Nevada Lawsuit, #18 Exhibit P - Default Judgment, #19 Exhibit Q - Fee Judgment, #20 Exhibit R - Nevada Lawsuit, #21 Exhibit S - Voluntary Dismissal, #22 Exhibit T - Las Vegas BMW Inventory, #23 Exhibit U - Henderson BMW Inventory, #24 Exhibit V - Reno BMW Inventory)(Nauman, Steven)
April 12, 2024 Opinion or Order Filing 38 ORDER Granting #32 Verified Petition for Permission to Practice Pro Hac Vice Attorney Andrew Parker Felix and approving Designation of Local Counsel Gregory A. Kraemer. Signed by Judge James C. Mahan on 4/12/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - ALZ)
April 11, 2024 Filing 37 NOTICE of Corrected Image/Document re #32 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Andrew Parker Felix, Esq, by Plaintiff Richard L. Willey, Jr.. (Service of corrected image is attached.) (Kraemer, Gregory)
April 8, 2024 Filing 36 MOTION to Extend Time (Second Request) Pending Resolution of Motion to Remand re #19 Motion to Dismiss,, by Plaintiff Richard L. Willey, Jr.. Responses due by 4/22/2024. (Nauman, Steven) (sumjgm)
April 4, 2024 Filing 35 First STATUS REPORT by Defendants BMW of North America, LLC, Bayerische Motoren Werke AG. (Fallahi, Matin)
April 3, 2024 Filing 34 MOTION to Remand to State Court by Plaintiff Richard L. Willey, Jr.. Responses due by 4/17/2024. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Proposed First Amended Complaint, #3 Exhibit B - Certificate of Title to BMW Vehicle, #4 Exhibit C - 2/26/2024 Email Seeking Leave to Amend, #5 Exhibit D - Affidavit of Service on Wuthrich, #6 Exhibit E - State Court Docket)(Nauman, Steven)
April 2, 2024 Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/2/2024. By Deputy Clerk: A. Reyes. Re: #32 Motion for Permission to Practice Pro Hac Vice - Verified Petition IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #32 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Andrew Parker Felix, shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3, of the Verified Petition.Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee.(no image attached) (Copies have been distributed pursuant to the NEF - ADR)
March 28, 2024 Filing 32 REFER to ECF No. #37 Notice of Corrected Image/Document - MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew Parker Felix, Esq. and DESIGNATION of Local Counsel Gregory A. Kraemer, Esq. (Filing fee $ 250 receipt number ANVDC-7633251) by Plaintiff Richard L. Willey, Jr.. (Kraemer, Gregory) Modified on 4/11/2024 (CJS).
March 26, 2024 Opinion or Order Filing 31 ORDER Granting #30 Stipulation for Extension of Time re #19 Motion to Dismiss. Responses due by 4/16/2024. Replies due by 4/30/2024. Signed by Magistrate Judge Elayna J. Youchah on 3/26/2024. (Copies have been distributed pursuant to the NEF - RJDG)
March 26, 2024 Filing 30 First STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFF TO RESPOND TO DEFENDANT BAYERISCHE MOTOREN WERKE AGS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Plaintiff Richard L. Willey, Jr.. (Kraemer, Gregory) (extend) (answer)
March 25, 2024 Opinion or Order Filing 29 ORDER Granting #25 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven E. Nauman for Richard L. Willey and approving Designation of Local Counsel Gregory A. Kraemer. Signed by Judge James C. Mahan on 3/25/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - ALZ)
March 22, 2024 Filing 28 NOTICE to Clerk of Court regarding assignment of case to Magistrate Judge. (The attached document is restricted to the Office of the Clerk and is not viewable. The filer of this document is also restricted. See General Orders 2023-11 and 2023-12.)
March 22, 2024 Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 3/22/2024. Re: #26 Motion for Permission to Practice Pro Hac Vice - Verified Petition. IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #26 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Andrew Parker Felix, shall provide a current Certificate of Good Standing from the State of California in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3, of the Verified Petition.Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee.(no image attached) (Copies have been distributed pursuant to the NEF - SLR)
March 22, 2024 Filing 26 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew Parker Felix and DESIGNATION of Local Counsel Gregory A. Kraemer (Filing fee $ 250 receipt number CNVDC-7626545) by Plaintiff Richard L. Willey. (Kraemer, Gregory)
March 22, 2024 Filing 25 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by STEVEN E. NAUMAN and DESIGNATION of Local Counsel GREGORY A. KRAEMER (Filing fee $ 250 receipt number ANVDC-7626496) by Plaintiff Richard L. Willey. (Kraemer, Gregory)
March 22, 2024 Filing 24 NOTICE of Association of Counsel by Gregory A Kraemer on behalf of Plaintiff Richard L. Willey. VERIFIED PETITION FOR PERMISSION TO PRACTICE IN THIS CASE ONLY BY ATTORNEY NOT ADMITTED TO THE BAR OF THIS COURT AND DESIGNATION OF LOCAL COUNSEL (Kraemer, Gregory)
March 22, 2024 Filing 23 NOTICE of Association of Counsel by Gregory A Kraemer on behalf of Plaintiff Richard L. Willey. SUBSTITUTION OF COUNSEL (Kraemer, Gregory)
March 22, 2024 Filing 22 CERTIFICATE of Interested Parties by Bayerische Motoren Werke AG. There are no known interested parties other than those participating in the case (Berard, Matthew)
March 21, 2024 Filing 21 STATEMENT REGARDING REMOVAL by Defendant BMW of North America, LLC. (Berard, Matthew)
March 19, 2024 Filing 20 CERTIFICATE OF SERVICE for #12 Minute Order Removal Case, by Defendant BMW of North America, LLC. (Valencia, Mario)
March 19, 2024 Filing 19 MOTION to Dismiss by Defendant Bayerische Motoren Werke AG. Responses due by 4/2/2024. Certificate of Interested Parties due by 3/29/2024. Discovery Plan/Scheduling Order due by 5/3/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Valencia, Mario) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
March 15, 2024 Opinion or Order Filing 18 ORDER granting #15 Verified Petition for Permission for Matin Fall Ahi to Practice Pro Hac Vice for BMW of North America, LLC and approving Designation of Local Counsel as to Mario D. Valencia. Signed by Judge James C. Mahan on 3/15/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - CT)
March 15, 2024 Opinion or Order Filing 17 ORDER granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Matthew G. Berard for BMW of North America, LLC and approving Designation of Local Counsel as to Mario D. Valencia. Signed by Judge James C. Mahan on 3/15/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - CT)
March 15, 2024 Opinion or Order Filing 16 ORDER granting #13 Verified Petition for Permission for Thomas P. Branigan to Practice Pro Hac Vice for BMW of North America, LLC and approving Designation of Local Counsel to Mario D. Valencia. Signed by Judge James C. Mahan on 3/15/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - CT)
March 14, 2024 Filing 15 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Matin Fallahi and DESIGNATION of Local Counsel Mario D. Valencia (Filing fee $ 250 receipt number ANVDC-7618543) by Defendant BMW of North America, LLC. (Valencia, Mario)
March 14, 2024 Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Matthew G. Berard and DESIGNATION of Local Counsel Mario D. Valencia (Filing fee $ 250 receipt number ANVDC-7618541) by Defendant BMW of North America, LLC. (Valencia, Mario)
March 14, 2024 Filing 13 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas P. Branigan and DESIGNATION of Local Counsel Mario D. Valencia (Filing fee $ 250 receipt number ANVDC-7618536) by Defendant BMW of North America, LLC. (Valencia, Mario)
March 8, 2024 Filing 12 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 3/8/2024. By Deputy Clerk: ALZ. Statement regarding removed action is due by 3/23/2024. Joint Status Report regarding removed action is due by 4/7/2024. (Copies have been distributed pursuant to the NEF - ALZ)
March 8, 2024 Filing 11 CERTIFICATE of Interested Parties by BMW of North America, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate BMW International Holding B.V., Other Affiliate BMW Beteiligungs GmbH & Co. KG, Other Affiliate BMW (US) Holding Corp., Other Affiliate BMW INTEC Beteiligungs GmbH, Other Affiliate Bayerische Motoren Werke Aktiengesellschaft for BMW of North America, LLC added.. (Valencia, Mario)
March 8, 2024 Filing 10 NOTICE: Attorney Action Required to #1 Petition for Removal. Attorney Joanathan Wallner advised to review and comply with LR IC 2-1(g) and update your pacer/CMECF user information account. (no image attached) (WJ)
March 8, 2024 Filing 9 NOTICE: Attorney Action Required to #2 Certificate of Interested Parties. Attorney Mario Valencia advised to refile your certificate of interested parties. Page 1 of document 2 states that there are a parent company and corporate affiliates i.e. BMW NA, etc. The certificate of interested party entry has a clear warning in the entry stating: "Please Note: you must add ALL Corporate Parents and/or Corporate Affiliates to the case. Failing to add all interested parties listed on the certificate will result in a notice from the court." Furthermore, LR 7.1-1 (a), in regard to certificate of interested parties, states in part: "These representations are made to enable judges of the Court to evaluate possible disqualifications or recusal. Therefore, it is requested that you properly refile your certificate of interested parties. (no image attached) (WJ)
March 8, 2024 Filing 8 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Steven E. Nauman to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 3/22/2024. (no image attached) (WJ)
March 8, 2024 Filing 7 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Andrew Parker Felix to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 3/22/2024. (no image attached) (WJ)
March 8, 2024 Filing 6 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Matin Fallahi to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 3/22/2024. (no image attached) (WJ)
March 8, 2024 Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Matthew G. Berard to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 3/22/2024. (no image attached) (WJ)
March 8, 2024 Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Thomas P. Branigan to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 3/22/2024. (no image attached) (WJ)
March 8, 2024 Filing 3 NOTICE of Appearance by BMW of North America, LLC.. (Valencia, Mario)
March 8, 2024 Filing 2 CERTIFICATE of Interested Parties by BMW of North America, LLC. There are no known interested parties other than those participating in the case. (Valencia, Mario)
March 8, 2024 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Nevada, Case Number A-23-877911-C, (Filing fee $ 405 receipt number ANVDC-7611819) by BMW of North America, LLC. Proof of service due by 12/17/2023. Certificate of Interested Parties due by 3/18/2024. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Civil Cover Sheet Civil Cover Sheet) (Valencia, Mario) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
March 8, 2024 Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (ALZ)

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Search for this case: Willey v. BMW of North America, LLC et al
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Plaintiff: Richard L. Willey
Represented By: Andrew Parker Felix
Represented By: Jonathan Wallner
Represented By: Steven E. Nauman
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Plaintiff: Richard L. Willey, Jr.
Represented By: Andrew Parker Felix
Represented By: Gregory A Kraemer
Represented By: Jonathan Wallner
Represented By: Steven Nauman
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Defendant: BMW of North America, LLC
Represented By: Matin Fallahi
Represented By: Thomas P. Branigan
Represented By: Mario D Valencia
Represented By: Matthew Berard
Represented By: Thomas P Branigan
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Defendant: Bayerische Motoren Werke AG
Represented By: Thomas P Branigan
Represented By: Mario D Valencia
Represented By: Matin Fallahi
Represented By: Matthew Berard
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Defendant: Wuthrich BMW LLC
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