BURBANK v. BMW NORTH AMERICA, LLC
| William Martin Burbank |
| BMW NORTH AMERICA, LLC |
| ADAM KAVON |
| 2:2021cv01711 |
| February 2, 2021 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Kevin McNulty |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 51
AMENDED DOCUMENT by BMW NORTH AMERICA, LLC. Amendment to #50 MOTION to Consolidate Cases . (Attachments: #1 Brief Corrected Brief)(AMSTER, DOUGLAS)
|
|
Set Deadlines as to #50 MOTION to Consolidate Cases . Motion set for 4/19/2021 before Judge Kevin McNulty. 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. (bt, )
|
|
Filing 50
MOTION to Consolidate Cases by BMW NORTH AMERICA, LLC. (Attachments: #1 Brief, #2 Proposed Order, #3 Certificate of Service)(AMSTER, DOUGLAS)
|
|
Pro Hac Vice fee for Michael J. Hassen, Esq., Richard M. Wirtz, Esq. Mark O'Connor, Esq. and Ommar Chavez, Esq.: $ 600, receipt number NEW044366 (mfr) Modified on 3/25/2021 (mfr).
|
|
Set Deadlines as to #48 MOTION for Leave to Appear Pro Hac Vice of Michael J. Hassen, Esq.. Motion set for 4/19/2021 before Judge Kevin McNulty. 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. (bt, )
|
|
Filing 49
ORDER GRANTING ADMISSION OF COUNSEL PRO HAC VICE of Michael J. Hassen; etc. Signed by Magistrate Judge Edward S. Kiel on 3/17/2021. (sm)
|
|
Filing 48
MOTION for Leave to Appear Pro Hac Vice of Michael J. Hassen, Esq. by WILLIAM MARTIN BURBANK. (Attachments: #1 Declaration of Robert A. Magnanini, Esq., #2 Declaration of Michael J. Hassen, Esq., #3 Proposed Order)(MAGNANINI, ROBERT)
|
|
Filing 47
ORDER GRANTING ADMISSION OF COUNSEL PRO HAC VICE of Richard M. Writz; etc. Signed by Magistrate Judge Edward S. Kiel on 3/11/2021. (sm)
|
|
Filing 46
ORDER GRANTING ADMISSION OF COUNSEL PRO HAC VICE of Ommar Chavez; etc. Signed by Magistrate Judge Edward S. Kiel on 3/11/2021. (sm)
|
|
Filing 45
ORDER granting #43 Motion for Leave to Appear Pro Hac Vice of Mark O'Connor; etc. Signed by Magistrate Judge Edward S. Kiel on 3/11/2021. (sm)
|
|
Filing 44
TEXT ORDER: The application for the pro hac vice admission of Michael J. Hassen (ECF No. #43 -4) is denied without prejudice. Although the certified statement of the applicant discloses several bars in which the applicant is a member in good standing, the statement lacks the addresses of the officials or offices maintaining all of the rolls of the members of the bars or, in lieu thereof, certificates of good standing issued by those maintaining such rolls, as required by Local Civil Rule 101.1(c)(1). Leave is hereby granted for a separate and complete motion to be filed as to this applicant that is in accordance with Local Civil Rule 101.1(c), Local Civil Rule 5.2(12)(b), and paragraph 5 of Judge Kiel's Civil Case Management Order. So Ordered by Magistrate Judge Edward S. Kiel on 3/11/2021. (as, )
|
|
Filing 43
MOTION for Leave to Appear Pro Hac Vice of Mark O'Connor, Richard M. Wirtz, Ommar Chavez, and Michael J. Hassen by WILLIAM MARTIN BURBANK. (Attachments: #1 Declaration of Robert A. Magnanini, Esq., #2 Declaration of Mark O'Connor, #3 Declaration of Ommar Chavez, #4 Declaration of Michael J. Hassen, #5 Declaration of Richard M. Writz, #6 Proposed Order)(MAGNANINI, ROBERT)
|
|
Pro Hac Vice counsel, ERIC KIZIRIAN, 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. (bt, )
|
|
Filing 42
Notice of Request by Pro Hac Vice Eric Kizirian, Esq. to receive Notices of Electronic Filings. (AMSTER, DOUGLAS)
|
|
Filing 41
Letter from all parties regarding briefing schedule re 40 Order,,, Set Hearings,,. (AMSTER, DOUGLAS)
|
|
Pro Hac Vice fee of $ 150 received as to Eric Kizirian. Receipt number TRE117642 (jdb, )
|
|
Filing 40
TEXT ORDER: The parties are granted leave to file a motion to consolidate the Kavon matter (20-cv-15475) and the Burbank matter (21-cv-01711). The parties shall meet and confer and file a proposed joint briefing schedule for the motion to consolidate by March 5, 2021. A telephone conference is scheduled for May 17, 2021 at 2:00 p.m. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The time in which defendant is required to respond to the complaints in the Kavon and Burbank matters shall be further addressed during the telephone conference on May 17, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 2/25/2021. (as, )
|
|
Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 2/25/2021. (Court Reporter/Recorder None.) (as, )
|
|
Filing 39
NOTICE of Appearance by ROBERT A. MAGNANINI on behalf of WILLIAM MARTIN BURBANK (MAGNANINI, ROBERT)
|
|
Filing 38
ORDER GRANTING ADMISSION OF COUNSEL PRO HAC VICE of Eric Kizirian; etc. Signed by Magistrate Judge Edward S. Kiel on 2/23/2021. (sm)
|
|
Filing 37
Joint Discovery Plan by BMW NORTH AMERICA, LLC.(AMSTER, DOUGLAS)
|
|
Filing 36
AMENDED DOCUMENT by BMW NORTH AMERICA, LLC. Amendment to 35 Order,,, Application for Pro Hac Vice Admission of Eric Kizirian, Esq.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(AMSTER, DOUGLAS)
|
|
Filing 35
TEXT ORDER: The application for admission pro hac vice (ECF No. #34 ): (1) lists the applicant's admissions, but lacks the names and addresses of the officials or offices maintaining the rolls of the members of those bars, as required by Local Civil Rule 101.1(c)(1); and (2) lacks an indication whether local counsel conferred with opposing counsel to determine whether there is consent to the admission, as required by paragraph 5 of Judge Kiel's Civil Case Management Order (https://www.njd.uscourts.gov/sites/njd/files/CaseManagementOrderKiel.pdf). It is hereby ordered that these deficiencies must be corrected by Tuesday, February 23, 2021, or the application will be denied and the applicant will not be permitted to participate in the conference currently set for February 25, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 2/22/2021. (as, )
|
|
Filing 34
APPLICATION/PETITION for Pro Hac Vice Admission of Eric Kizirian, Esq. for by BMW NORTH AMERICA, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(AMSTER, DOUGLAS)
|
|
Filing 33
NOTICE of Appearance by ELYSE TORMEY on behalf of BMW NORTH AMERICA, LLC (TORMEY, ELYSE)
|
|
Filing 32
TEXT ORDER: As to the submission of defendant (ECF No. #31 ), an initial scheduling conference set for February 25, 2021 at 9:30 a.m. in the related Case No. 20-15475, Kavon v. BMW, (see ECF No. #13 on the Kavon docket) is converted to a status conference, which will be attended by all counsel for this case and the Kavon case. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The deadline for defendant to answer, move, or otherwise reply to the complaint in this case is held in abeyance and extended sine die, and will be discussed at the status conference along with all other issues raised by defendant in its submission. All counsel for both cases will meet and confer (and no counsel is excused from doing so), and will file a joint agenda letter by 5:00 p.m. on February 22, 2021. Counsel should be familiar with the preferences of this Court. See https://www.njd.uscourts.gov/sites/njd/files/CaseManagementOrderKiel.pdf. Counsel admitted to the District of New Jersey is expected to appear for plaintiff on the docket by February 22, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 2/10/2021. (as, )
|
|
Filing 31
Letter from BMW of NA, LLC. Requesting Extension of Time to Answer. (AMSTER, DOUGLAS)
|
|
Filing 30
NOTICE of Appearance by DOUGLAS HARRY AMSTER on behalf of BMW NORTH AMERICA, LLC (AMSTER, DOUGLAS)
|
|
Case Assigned to Judge Kevin McNulty and Magistrate Judge Edward S. Kiel. (ak, )
|
|
Filing 29
Certified Copy of Transfer Order and docket received, Case transferred in from District of California Central; Case Number 8:20-cv-02273. Original file certified copy of transfer order and docket sheet received.
|
|
Filing 28
ORDER RE: INTERVENOR, KA VON'S MOTION TO INTERVENE AND TRANSFER OF MATTER TO UNITED STATES DISTRICT COURT OF NEW JERSEY - NEWARK JUDGE KEVIN MCNULTY PRESIDING #27 by Judge David O. Carter. The Court GRANTS Intervenor Adam Kavon's motion to intervene and further ORDERS this matter transferred to the United States District Court for the district of New Jersey. (MD JS-6. Case Terminated.) (lom)
|
|
Filing 27
STIPULATION to Transfer Case to United States District Court of New Jersey filed by Plaintiff William Martin Burbank. (Attachments: #1 Proposed Order)(Wirtz, Richard)
|
|
Filing 26
MINUTES OF (VIA ZOOM): MOTION TO INTERVENE BY ADAM KAVON #16 held before Judge David O. Carter. The Court GRANTS the Motion to Intervene by Adam Kavon #16 . The Court orders counsel to file the Motion to Transfer no later than this week. Defendant's answer is due within two weeks. Court Reporter: Debbie Gale. (lom)
|
|
Filing 25
SCHEDULING NOTICE by Judge David O. Carter. Due to an unforeseen circumstance, the Court continues the Zoom Motion to Intervene #16 to 1/26/2021 at 11:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
|
|
Filing 24
SCHEDULING NOTICE by Judge David O. Carter. The Motion to Intervene #16 set for January 25, 2021 will be conducted via Zoom conference. The Court continues the hearing to 10:00 a.m. on January 25, 2021. The Zoom information is located on the Court's home page located at http://www.cacd.uscourts.gov/honorable-david-o-carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
|
|
Filing 23
REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Intervene #16 filed by Interested Party Adam Kavon. (Friedman, Todd)
|
|
Filing 22
ORDER GRANTING BMW OF NORTH AMERICA, LLCS EX PARTE APPLICATION FOR A FOURTEEN (14) DAY EXTENSION OF TIME TO RESPOND TO PLAINTIFF BURBANKS COMPLAINT (REQUESTED EXTENSION FROM JANUARY 15, 2021 TO JANUARY 29, 2021) #17 by Judge David O. Carter: BMW NAs response to the complaint is now due on January 29, 2021. (twdb)
|
|
Filing 21
ORDER by Judge David O. Carter, Granting Joint Stipulation to Continue Hearing on Motion to Intervene #20 . ( Motion hearing continued to 1/25/2021 at 08:30 AM before Judge David O. Carter.) Opposing papers shall be filed by 1/11/21 and reply papers shall be filed by 1/13/21. (twdb)
|
|
Filing 20
First STIPULATION to Continue Motion to Intervene from January 18, 2021 to January 25, 2021 filed by Plaintiff William Martin Burbank. (Attachments: #1 Proposed Order Proposed Order re: Stip to Continue Hearing)(O'Connor, Mark)
|
|
Filing 19
OPPOSITION re: EX PARTE APPLICATION for Extension of Time to File Response to Plaintiff's Complaint (Motion or Answer) #17 filed by Plaintiff William Martin Burbank. (Attachments: #1 Declaration of Wirtz, #2 Exhibit 1)(Wirtz, Richard)
|
|
Filing 18
MEMORANDUM in Opposition to Motion to Intervene filed by Plaintiff William Martin Burbank. (Attachments: #1 Declaration Dec of M. O'Connor, #2 Exhibit Ex. A to Dec of M. O'Connor, #3 Declaration Dec of M. Burbank, #4 Declaration Dec. of R. Wirtz, #5 Declaration Dec of M. Hassen)(O'Connor, Mark)
|
|
Filing 17
EX PARTE APPLICATION for Extension of Time to File Response to Plaintiff's Complaint (Motion or Answer) filed by DEFENDANT BMW North America, LLC. (Attachments: #1 Memorandum In Support of Ex Parte Application for Extension of Time to Respond to Complaint (Motion or Answer), #2 Declaration of Eric Kizirian in Support of Ex Parte Application, #3 Proposed Order) (Kizirian, Eric)
|
|
Filing 16
NOTICE OF MOTION AND MOTION to Intervene filed by Adam Kavon Adam Kavon. Motion set for hearing on 1/25/2021 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Todd M. Friedman, #3 Proposed Order) (Attorney Todd M Friedman added to party Adam Kavon(pty:bkmov)) (Friedman, Todd)
|
|
Filing 15
MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER #10 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
|
|
Filing 14
NOTICE OF ERRATA filed by DEFENDANT BMW North America, LLC. RE SIGNATURE PAGE ON DECLARATION OF ALBI PAGENSTERT [DKT 11-9] (Kizirian, Eric)
|
|
Filing 13
DECLARATION of Mark O'Connor PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER EX PARTE APPLICATION for Temporary Restraining Order as to Directing BMW to Take Down Advertisements for Class Vehicles or Make Clear to Public that Class Vehicle's are Subject to a Defect Not Yet Repairable #10 filed by Plaintiff William Martin Burbank. (O'Connor, Mark)
|
|
Filing 12
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (attached to the opposition )[11-9]. The following error(s) was/were found: There is no signature on the declaration. 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. (twdb)
|
|
Filing 11
Opposition to re: EX PARTE APPLICATION for Temporary Restraining Order as to Directing BMW to Take Down Advertisements for Class Vehicles or Make Clear to Public that Class Vehicle's are Subject to a Defect Not Yet Repairable #10 filed by Defendant BMW North America, LLC. (Attachments: #1 Declaration of Eric Y. Kizirian, #2 Exhibit A to Eric Y. Kizirian's Declaration, #3 Exhibit B to Eric Y. Kizirian's Declaration, #4 Exhibit C to Eric Y. Kizirian's Declaration, #5 Exhibit D to Eric Y. Kizirian's Declaration, #6 Exhibit E to Eric Y. Kizirian's Declaration, #7 Declaration of Vlodek Olczak, #8 Exhibit A to Vlodek Olczak's Declaration, #9 Declaration of Albi Pagenstert)(Kizirian, Eric)
|
|
Filing 10
EX PARTE APPLICATION for Temporary Restraining Order as to Directing BMW to Take Down Advertisements for Class Vehicles or Make Clear to Public that Class Vehicle's are Subject to a Defect Not Yet Repairable filed by Plaintiff William Martin Burbank. (Attachments: #1 Memorandum, #2 Declaration William Burbank, #3 Exhibit A, #4 Declaration Mark O'Connor, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Proposed Order) (Wirtz, Richard)
|
|
Filing 9
STIPULATION Extending Time to Answer the complaint as to BMW North America, LLC answer now due 1/15/2021, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant BMW North America, LLC.(Kizirian, Eric)
|
|
Filing 8
NOTICE of Interested Parties filed by Defendant BMW North America, LLC, identifying BMW of North America, LLC; BMW (US) Holding Corp.; BMW International Holding B.V., a Dutch business entity; BMW International Holding B.V. in turn is a subsidiary of BMW Beteiligungs GmbH & Co. KG, a Germany business entity; BMW Beteiligungs GmbH & Co. KG in turn is a subsidiary of BMW Intec Beteiligungs GmbH, a German business entity, and BMW Vermogensverwaltungs GmbH in turn is a subsidiary of Bayerische Motoren Werke Aktiengesellschaft (BMW AG), a German business entity.. (Attorney Eric Y Kizirian added to party BMW North America, LLC(pty:dft))(Kizirian, Eric)
|
|
Filing 7
PROOF OF SERVICE Executed by Plaintiff William Martin Burbank, upon Defendant BMW North America, LLC served on 12/4/2020, answer due 12/28/2020. Service of the Summons and Complaint were executed upon Carlos Paz, Intake Specialist - Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (O'Connor, Mark)
|
|
Filing 6
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd)
|
|
Filing 5
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: Attachments # 5 Civil Cover Sheet, Attachment # 6 Summons and Attachment # 7 Notice of Interested Parties should not have been attached to Docket Entry No.1 Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (et)
|
|
Filing 4
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant BMW North America, LLC. (et)
|
|
Filing 3
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
|
|
Filing 2
NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (et)
|
|
Filing 1
COMPLAINT Receipt No: ACACDC-29330784 - Fee: $402, filed by Plaintiff William Martin Burbank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Summons, #7 Notice of Interested Parties) (Attorney Mark D. O'Connor added to party William Martin Burbank(pty:pla))(O'Connor, Mark)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Jersey District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
