Willey v. BMW of North America, LLC et al
| Richard L. Willey and Richard L. Willey, Jr. |
| BMW of North America, LLC, Bayerische Motoren Werke AG and Wuthrich BMW LLC |
| 2:2024cv00467 |
| March 8, 2024 |
| US District Court for the District of Nevada |
| James C Mahan |
| Elayna J Youchah |
| Tort Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.
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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)
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| Filing 43 Proposed Discovery Plan and Scheduling Order by Defendant BMW of North America, LLC. (Berard, Matthew) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 35 First STATUS REPORT by Defendants BMW of North America, LLC, Bayerische Motoren Werke AG. (Fallahi, Matin) |
| 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) |
| 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) |
| 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). |
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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)
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| 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) |
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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)
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| 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.) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 23 NOTICE of Association of Counsel by Gregory A Kraemer on behalf of Plaintiff Richard L. Willey. SUBSTITUTION OF COUNSEL (Kraemer, Gregory) |
| 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) |
| Filing 21 STATEMENT REGARDING REMOVAL by Defendant BMW of North America, LLC. (Berard, Matthew) |
| Filing 20 CERTIFICATE OF SERVICE for #12 Minute Order Removal Case, by Defendant BMW of North America, LLC. (Valencia, Mario) |
| 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. |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 3 NOTICE of Appearance by BMW of North America, LLC.. (Valencia, Mario) |
| 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) |
| 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. |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (ALZ) |
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