BALLOU v. BMW OF NORTH AMERICA LLC et al
| Susan Ballou |
| BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT and BMW OF NORTH AMERICA LLC |
| HON. DENNIS M. CAVANAUGH, RET. |
| 2:2018cv11765 |
| July 18, 2018 |
| US District Court for the District of New Jersey |
| Newark Office |
| Bergen |
| Claire C Cecchi |
| Mark Falk |
| Leda D Wettre |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #11 Motion to Dismiss WITHOUT PREJUDICE as to Counts Four and Five; that BMW NA's motion to dismiss Plaintiff's complaint is DENIED as to Counts One, Two, Three, and Six; that to the extent Plaintiff is able to cure the pleading deficiencies identified in the Court's Opinion, she shall have thirty (30) days from the date of this Order to file an amended complaint. Signed by Judge Claire C. Cecchi on 6/28/2023. (ld, )
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Filing 38
OPINION. Signed by Judge Claire C. Cecchi on 6/28/2023. (ld, )
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Filing 37
TEXT ORDER: A telephone conference is set for July 27, 2023 at 4:00 p.m. before Magistrate Judge Leda D. Wettre. Dial-in information for the conference is (888) 684-8852, access code 8948139. So Ordered by Magistrate Judge Leda D. Wettre on 6/6/23. (LM, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 6/6/2023. (LM, )
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Filing 36
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Leda D. Wettre on 2/27/2023. (lag, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 2/23/2023. (LM, )
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CHAMBER'S NOTE - Motion reinstated: #11 MOTION to Dismiss filed by BMW OF NORTH AMERICA LLC. (jl, )
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Filing 35
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Leda D. Wettre on 12/7/2022. (wh)
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 12/1/2022. (LM, )
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Filing 34
TEXT ORDER: A telephone conference is set for December 1, 2022 at 4:30 p.m. before Magistrate Judge Leda D. Wettre. Dial-in information for the conference is (888) 684-8852, access code 8948139. So Ordered by Magistrate Judge Leda D. Wettre on 10/17/22. (LM, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 10/17/2022. (LM, )
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Filing 33
Letter from Gary S. Graifman To Judge Wettre Re: Status Conference Of October 17, 2022. (GRAIFMAN, GARY)
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Filing 32
AMENDED SCHEDULING ORDER, etc. Signed by Magistrate Judge Leda D. Wettre on 7/11/2022. (lag, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 7/11/2022. (LM, )
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Filing 31
STATUS REPORT (JOINT) by BMW OF NORTH AMERICA LLC. (DALTON, CHRISTOPHER)
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Filing 30
Discovery Confidentiality Order. Signed by Magistrate Judge Leda D. Wettre on 7/1/2022. (ld, )
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Filing 29
DECLARATION of Christopher Dalton in Support of Discovery Confidentiality Order by BMW OF NORTH AMERICA LLC. (Attachments: #1 Text of Proposed Order (Discovery Confidentiality Order))(DALTON, CHRISTOPHER)
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Filing 28
AMENDED SCHEDULING ORDER, etc. Signed by Magistrate Judge Leda D. Wettre on 4/21/2022. (lag, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 4/20/2022. (LM, )
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Filing 27
STATUS REPORT (JOINT) by BMW OF NORTH AMERICA LLC. (DALTON, CHRISTOPHER)
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Filing 26
TEXT ORDER: The telephone conference set for April 20, 2022 will now proceed at 4:00 p.m. before Magistrate Judge Leda D. Wettre. Dial-in information for the conference is (888) 684-8852, access code 8948139. Please mark your calendars accordingly. So Ordered by Magistrate Judge Leda D. Wettre on 4/8/22. (LM, )
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Filing 25
PRETRIAL SCHEDULING ORDER, etc. Signed by Magistrate Judge Leda D. Wettre on 1/28/2022. (lag, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Initial Pretrial Conference held on 1/26/2022. (LM, )
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Filing 24
Joint Discovery Plan by SUSAN BALLOU. (Attachments: #1 Supplement (Letter From Gary S. Graifman To Judge Wettre Re: Proposed Joint Discovery Plan))(GRAIFMAN, GARY)
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Filing 23
Letter from Gary S. Graifman To Judge Wettre In Response To Defendants' Request For Stay Of Discovery. (GRAIFMAN, GARY)
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Filing 22
Letter from BMW of North America, LLC. (DALTON, CHRISTOPHER)
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Filing 21
LETTER ORDER: Initial Conference set for 1/26/2022 at 11:30 AM before Magistrate Judge Leda D. Wettre. Signed by Magistrate Judge Leda D. Wettre on 12/2/21. (LM, )
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Filing 20
STATUS REPORT (Supplement to DE 19) by BMW OF NORTH AMERICA LLC. (DALTON, CHRISTOPHER)
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Filing 19
STATUS REPORT by SUSAN BALLOU. (Attachments: #1 Supplement (Status Report from January 2020))(GRAIFMAN, GARY)
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Filing 18
Letter re #16 Order Appointing Mediator. (CAVANAUGH, DENNIS)
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Filing 17
Case Reassigned to Magistrate Judge Leda D. Wettre. Magistrate Judge Mark Falk no longer assigned to the case. (smf, )
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Filing 16
Order Appointing Mediator, DENNIS M. CAVANAUGH, RET appointed, etc. Signed by Judge Claire C. Cecchi on 3/23/2020. (lag, )
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Minute Entry for proceedings held before Judge Claire C. Cecchi: Status Conference call held on 3/20/2020. (jl, )
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Minute Entry for proceedings held before Judge Claire C. Cecchi: Status Conference call held on 1/24/2020. (jl, )
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Filing 15
TEXT ORDER - A status conference call is scheduled for JANUARY 24, 2020, at 12:30 p.m. before the Hon. Claire C. Cecchi. (Plaintiff's counsel in Patlan to initiate the call). SO ORDERED by Judge Claire C. Cecchi on 1/23/2020. (jl, )
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Filing 14
ORDER directing that by or before 1/20/2020 each party shall deliver to the Court a confidential letter via facsimile not to exceed three pages, summarizing the status of the case, etc. Signed by Judge Claire C. Cecchi on 12/19/2019. (lag, )
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Set Deadlines as to #11 MOTION to Dismiss . Motion set for 3/4/2019 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ys, )
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Filing 13
REPLY BRIEF to Opposition to Motion filed by BMW OF NORTH AMERICA LLC re #11 MOTION to Dismiss (Attachments: #1 Declaration in Further Support of Motion to Dismiss)(DALTON, CHRISTOPHER)
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Filing 12
MEMORANDUM in Opposition filed by SUSAN BALLOU re #11 MOTION to Dismiss (Attachments: #1 Certificate of Service)(GRAIFMAN, GARY)
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Filing 11
MOTION to Dismiss by BMW OF NORTH AMERICA LLC. Responses due by 2/5/2019 (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Declaration in Support of Motion to Dismiss, #3 Text of Proposed Order)(DALTON, CHRISTOPHER)
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Pro Hac Vice counsel, THOMAS P. SOBRAN, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (gl, )
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Filing 10
Notice of Request by Pro Hac Vice Thomas P. Sobran to receive Notices of Electronic Filings. (GRAIFMAN, GARY)
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Pro Hac Vice fee as to Thomas P. Sobran, Esq.: $ 150, receipt number NEW038121 (gl, )
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Filing 9
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice as to THOMAS P. SOBRAN, ESQ. etc. Signed by Magistrate Judge Mark Falk on 12/3/2018. (dam, )
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Set Deadlines as to #8 MOTION for Leave to Appear Pro Hac Vice of Thomas P. Sobran. Motion set for 1/7/2019 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice of Thomas P. Sobran by SUSAN BALLOU. (Attachments: #1 Declaration of Gary S. Graifman, #2 Declaration of Thomas P. Sobran, #3 Text of Proposed Order, #4 Certificate of Service)(GRAIFMAN, GARY)
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Filing 7
Letter from Christopher Dalton re #5 MOTION to Dismiss the Class Action Complaint. (DALTON, CHRISTOPHER)
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Filing 6
Letter from Christopher Dalton re #5 MOTION to Dismiss the Class Action Complaint. (Attachments: #1 Text of Proposed Order Setting Briefing Schedule)(DALTON, CHRISTOPHER)
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Filing 5
MOTION to Dismiss the Class Action Complaint by BMW OF NORTH AMERICA LLC. (Attachments: #1 Brief in Support of MTD, #2 Declaration of Christopher J. Dalton in Support of MTD with Ex. A, #3 Text of Proposed Order)(DALTON, CHRISTOPHER)
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CLERK'S QUALITY CONTROL MESSAGE - The #4 MOTION TO DISMISS submitted by ARGIA DIMARCO, ESQ. on 10/22/2018 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (dam, )
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Filing 4
MOTION to Dismiss Class Action Complaint by BMW OF NORTH AMERICA LLC. (Attachments: #1 Brief in Support of MTD, #2 Declaration of Christopher J. Dalton in Support of MTD with Ex. A, #3 Text of Proposed Order on MTD)(DIMARCO, ARGIA)
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Filing 3
WAIVER OF SERVICE Returned Executed by SUSAN BALLOU. BMW OF NORTH AMERICA LLC waiver sent on 8/21/2018, answer due 10/22/2018. (GRAIFMAN, GARY)
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Filing 2
SUMMONS ISSUED as to BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT, BMW OF NORTH AMERICA LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr)
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Case assigned to Judge Claire C. Cecchi and Magistrate Judge Mark Falk. (jr)
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Filing 1
COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-8890262) with JURY DEMAND, filed by Susan Ballou. (Attachments: #1 Exhibit A - Defendants' Media Information Publication, #2 Summons, #3 Summons, #4 Civil Cover Sheet)(GRAIFMAN, GARY)
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