ZHAO et al v. VOLKSWAGEN GROUP OF AMERICA, INC. et al
| MICHAEL ZHAO, DEAN MARRIOTT, MARY KAY PECK and MIGUEL DERAS |
| VOLKSWAGEN GROUP OF AMERICA, INC., AUDI AG, VOLKSWAGEN AG, VOLKSWAGEN GROUP OF AMERICA, INC. a New Jersey Corporation doing business as VOLKSWAGEN OF AMERICA, INC. and AUDI OF AMERICA, INC. |
| 2:2021cv11251 |
| May 14, 2021 |
| US District Court for the District of New Jersey |
| Jose R Almonte |
| Madeline Cox Arleo |
| Mark Falk |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 63 NOTICE by All Defendants (RAMSEY, HOMER) |
Filing 62
ORDER AND JUDGMENT granting #42 Plaintiffs' Motion for Final Approval of the Class Action Settlement. Signed by Judge Madeline Cox Arleo on 10/19/2022. (sm)
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| Filing 61 Exhibits 1 and 2 to #60 Order on Motion for Attorney Fees. (Attachments: #1 Exhibit 2)(sm)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
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Filing 60
ORDER granting #39 Plaintiffs' Unopposed Motion for Attorneys' Fees, Expenses and Service Awards. Signed by Judge Madeline Cox Arleo on 10/19/2022. (sm)
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| Filing 59 Minute Entry for proceedings held before Judge Madeline Cox Arleo: Motion Hearing held on 10/19/2022 re #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement filed by MARY KAY PECK, MICHAEL ZHAO, DEAN MARRIOTT, #39 MOTION for Attorney Fees filed by MARY KAY PECK, MICHAEL ZHAO, DEAN MARRIOTT. (Court Reporter, Charles McGuire (215-840-7030)) (aa, ) |
| Filing 58 Proposed Order and Judgment for Final Approval of the Class Action Settlement by All Defendants re #56 Proposed Pretrial Order. (Attachments: #1 Exhibit A to Final Approval Order, #2 Joint Letter to Judge Arleo)(RAMSEY, HOMER) |
| ***Civil Case Terminated. (sm) |
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Filing 57
TEXT ORDER, granting objectors' request to appear remotely at the Final Fairness Hearing. Objectors shall call jointly 5 minutes before the start of the hearing. The call in number is 973-297-4903. The request for further submissions is hereby denied. So Ordered by Judge Madeline Cox Arleo on 10/18/22. (aa, )
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| Filing 56 Proposed Order by DEAN MARRIOTT, MARY KAY PECK, MICHAEL ZHAO re #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement. (Attachments: #1 Exhibit A)(SCHELKOPF, MATTHEW) |
| Filing 55 Letter from Matthew D. Schelkopf. (SCHELKOPF, MATTHEW) |
| Filing 54 Letter from Nicholas R. Dwayne and Julie A. Mitchiner. (sm) |
| Filing 50 RESPONSE in Support filed by All Plaintiffs re #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement Plaintiffs' Response to the Objections of Julie A. Mitchiner and Nicholas R. Dwayne, Marilyn Taylor, and Rick Massei (SCHELKOPF, MATTHEW) |
| Filing 49 CERTIFICATION in Support filed by AUDI AG, AUDI OF AMERICA, INC., VOLKSWAGEN AG, VOLKSWAGEN GROUP OF AMERICA, INC. re #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement Corrected Declaration of Brian T Carr (Attachments: #1 Exhibit Exhibit A to Carr Declaration, #2 Exhibit Exhibit B to Carr Declaration)(RAMSEY, HOMER) |
| Filing 48 MEMORANDUM in Support filed by All Defendants re #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and in Response to Objections (Attachments: #1 Exhibit A, #2 Exhibit A to Carr Declaration, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(RAMSEY, HOMER) |
| Filing 53 Reimbursement Claim Form from James Earl Mitchell. (sm) (Main Document 53 replaced on 11/8/2022) (mfr). |
| Filing 47 OBJECTION OF JULIE A. MITCHINER AND NICHOLAS R. DWAYNE TO CLASS ACTION SETTLEMENT AND PLAINTIFFS UNOPPOSED MOTION FOR FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT. (Attachments: #1 Exhibit A)(sm) |
| Filing 52 Reimbursement Claim Form from Tracey Leigh Scott. (sm) |
| Filing 51 Reimbursement Claim Form from Kevin Hanna. (sm) |
| Filing 46 Letter re: VW water pump settlement from Marilyn Taylor. (sm) |
| Set/Reset Deadlines as to #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement. Motion set for 9/6/2022 before Judge Madeline Cox Arleo. 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. (ld, ) |
| Filing 43 DECLARATION of Jason M. Stinehart re #42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement Regarding Mailing of Class Notice and Requests for Exclusion by All Plaintiffs. (SCHELKOPF, MATTHEW) |
| Filing 42 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement by All Plaintiffs. (Attachments: #1 Brief)(SCHELKOPF, MATTHEW) |
| Filing 45 Letter dated 7/12/2022 from Rick Massei. (sm) |
| Filing 41 Letter from Morgan Moore. (sm) |
| Filing 44 Letter dated 7/6/2022 from Rachel Andrews Gardell. (sm) |
| Set Deadlines as to #39 MOTION for Attorney Fees . Motion set for 8/1/2022 before Judge Madeline Cox Arleo. 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) |
| Filing 39 MOTION for Attorney Fees by All Plaintiffs. (Attachments: #1 Brief, #2 Declaration of Matthew D. Schelkopf, #3 Declaration of Bonner C. Walsh, #4 Text of Proposed Order)(SCHELKOPF, MATTHEW) |
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Filing 38
LETTER ORDER that the deadlines for briefs responding to any objections are extended from 8/17/2022 to 9/16/2022 and the Final Fairness Hearing is rescheduled from 8/30/2022 to 10/19/2022 at 2 p.m. Signed by Judge Madeline Cox Arleo on 6/28/2022. (sm)
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| Filing 37 Letter from All Parties - Joint Letter Seeking Court Endorsement of Proposed Plan. (RAMSEY, HOMER) |
| Filing 40 Letter re: Water Pump Settlement from James and Barbara Haughey. (sm) |
| Case reassigned to Magistrate Judge Jose R. Almonte. Magistrate Judge Leda D. Wettre no longer assigned to the case. (jr) |
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Filing 36
ORDER granting #25 Motion for Preliminary Approval of Class Action Settlement. etc. Signed by Judge Madeline Cox Arleo on 3/2/2022. (bt)
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| Filing 35 Letter from Matthew D. Schelkopf and Michael B. Gallub. (SCHELKOPF, MATTHEW) |
| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Status Conference held on 2/23/2022. (LM, ) |
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Filing 34
ORDER that VWGoAs deadline to respond to the Second Amended Complaint is hereby continued and extended indefinitely etc re #33 Stipulation. Signed by Magistrate Judge Leda D. Wettre on 2/10/2022. (bt)
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| Filing 33 STIPULATION AND PROPOSED ORDER EXTENDING DEADLINE TO RESPOND TO SECOND AMENDED COMPLAINT by VOLKSWAGEN GROUP OF AMERICA, INC.. (RAMSEY, HOMER) |
| Filing 32 Notice of Request by Pro Hac Vice Brian T. Carr to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13172314.) (RAMSEY, HOMER) |
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Filing 31
TEXT ORDER - A telephone conference is set for 2/23/2022 at 11:30 a.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 2/8/2022. (rn)
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Filing 30
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice as to BRIAN T. CARR etc. Signed by Magistrate Judge Leda D. Wettre on 2/8/2022. (bt)
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| Filing 29 Notice of Request by Pro Hac Vice Michael B.Gallub to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13169871.) (RAMSEY, HOMER) |
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Filing 28
ORDER granting #26 Motion for Leave to Appear Pro Hac Vice as to MICHAEL B.GALLUB. Signed by Magistrate Judge Leda D. Wettre on 2/7/2022. (bt)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice Unopposed by VOLKSWAGEN GROUP OF AMERICA, INC.. (Attachments: #1 Certification of Homer B. Ramsey, #2 Certification of Brian T. Carr, #3 Text of Proposed Order)(RAMSEY, HOMER) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice Unopposed by VOLKSWAGEN GROUP OF AMERICA, INC.. (Attachments: #1 Certification of Homer B. Ramsey, #2 Certification of Michael B. Gallub, #3 Text of Proposed Order)(RAMSEY, HOMER) |
| Set Deadlines as to #25 MOTION for Settlement Motion for Preliminary Approval of the Class Action Settlement. Motion set for 3/7/2022 before Judge Madeline Cox Arleo. 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) |
| Filing 25 MOTION for Settlement Motion for Preliminary Approval of the Class Action Settlement by DEAN MARRIOTT, MARY KAY PECK, MICHAEL ZHAO. (Attachments: #1 Brief, #2 Declaration of Matthew D. Schelkopf, #3 Exhibit 1 (Settlement Agreement), #4 Exhibit 2 (Sauder Schelkopf Resume), #5 Declaration of Bonner C. Walsh, #6 Text of Proposed Order)(SCHELKOPF, MATTHEW) |
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Filing 24
STIPULATION AND ORDER EXTENDING DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.'S TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT is extended from 1/18/22 through and including 2/18/2022. Signed by Magistrate Judge Leda D. Wettre on 1/12/2022. (sm)
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| Filing 23 STIPULATION EXTENDING DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.S TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT by VOLKSWAGEN GROUP OF AMERICA, INC.. (RAMSEY, HOMER) |
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Filing 22
STIPULATION AND ORDER EXTENDING DEFENDANT VOLKSWAGEN GROUP O9F AMERICA, INC.'S TIME TO RESPOND TO SECOND AMENDED CLASS ACTION COMPLAINT through and including 1/18/2022. Signed by Magistrate Judge Leda D. Wettre on 12/16/2021. (sm)
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| Answer Due Deadline Update - The document #21 submitted by VOLKSWAGEN GROUP OF AMERICA, INC. has been GRANTED. The answer due date has been set for 1/18/2022. (sm) |
| Filing 21 STIPULATION AND PROPOSED ORDER EXTENDING TIME TO RESPOND TO SECOND AMENDED CLASS ACTION COMPLAINT by VOLKSWAGEN GROUP OF AMERICA, INC.. (RAMSEY, HOMER) |
| Filing 20 AMENDED COMPLAINT against AUDI AG, AUDI OF AMERICA, INC., VOLKSWAGEN AG, VOLKSWAGEN GROUP OF AMERICA, INC., filed by DEAN MARRIOTT, MICHAEL ZHAO, MARY KAY PECK.(SCHELKOPF, MATTHEW) |
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Filing 19
ORDER OF DISMISSAL WITH PREJUDICE AS TO PLAINTIFF MIGUEL DERAS' ACTION ONLY. MIGUEL DERAS terminated. Signed by Judge Madeline Cox Arleo on 11/4/2021. (sm)
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| Filing 18 NOTICE of Voluntary Dismissal With Prejudice by MIGUEL DERAS (KENNEY, JOSEPH) |
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Filing 17
STIPULATION AND ORDER EXTENDING DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.'S TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT is extended to 12/3/2021; etc. Signed by Magistrate Judge Leda D. Wettre on 10/25/2021. (sm)
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| Answer Due Deadline Update - The document #16 submitted by VOLKSWAGEN GROUP OF AMERICA, INC. has been GRANTED. The answer due date has been set for 12/3/2021. (sm) |
| Filing 16 STIPULATION AND PROPOSED ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT by VOLKSWAGEN GROUP OF AMERICA, INC.. (RAMSEY, HOMER) |
| Filing 15 Case Reassigned to Magistrate Judge Leda D. Wettre. Chief Mag. Judge Mark Falk no longer assigned to the case. (smf, ) |
| Pro Hac Vice counsel, BONNER WALSH, 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 14 Notice of Request by Pro Hac Vice Bonner Walsh to receive Notices of Electronic Filings. (SCHELKOPF, MATTHEW) |
| Pro Hac Vice fee: $ 150.00, receipt number NEW0445324 for Bonner Walsh, Esq. (ps) |
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Filing 13
STIPULATION AND ORDER EXTENDING DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.'S TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT that VWGoAs time to answer or otherwise respond to the First Amended Class Action Complaint be extended from the current deadline of September 13, 2021 through and including October 28, 2021; and if VWGoA responds by filing a motion to dismiss the First Amended Class Action Complaint, Plaintiffs opposition to VWGoAs motion to dismiss, or deadline to file a Second Amended Class Action Complaint, will be due on December 6, 2021, and VWGoAs reply will be due on January 6, 2022. Signed by Chief Mag. Judge Mark Falk on 9/10/2021. (sm)
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| Filing 12 STIPULATION AND PROPOSED ORDER EXTENDING DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.S TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT by VOLKSWAGEN GROUP OF AMERICA, INC.. (RAMSEY, HOMER) |
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Filing 11
STIPULATION AND ORDER EXTENDING DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.'S TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT through and including 9/13/02021; etc. Signed by Chief Mag. Judge Mark Falk on 7/22/2021. (sm)
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE OF BONNER WALSH; etc. Signed by Chief Mag. Judge Mark Falk on 7/20/2021. (sm)
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| Set Deadlines as to #7 MOTION for Leave to Appear Pro Hac Vice of Bonner Walsh. Motion set for 8/16/2021 before Judge Madeline Cox Arleo. 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 9 NOTICE of Appearance by HOMER B. RAMSEY on behalf of VOLKSWAGEN GROUP OF AMERICA, INC. (RAMSEY, HOMER) |
| Filing 8 STIPULATION and Proposed Order Extending Volkswagen Group of America, Inc.s Time to Respond to Amended Complaint by VOLKSWAGEN GROUP OF AMERICA, INC.. (RAMSEY, HOMER) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Bonner Walsh by All Plaintiffs. (Attachments: #1 Statement As to Why No Brief is Necessary, #2 Certification of Matthew D. Schelkopf, #3 Certification of Bonner Walsh, #4 Text of Proposed Order)(SCHELKOPF, MATTHEW) |
| Filing 6 NOTICE of Appearance by JOSEPH BRYCE KENNEY on behalf of All Plaintiffs (KENNEY, JOSEPH) |
| Filing 5 SUMMONS Returned Executed by MICHAEL ZHAO, MIGUEL DERAS, MARY KAY PECK, DEAN MARRIOTT. AUDI OF AMERICA, INC. served on 7/2/2021, answer due 7/23/2021. (SCHELKOPF, MATTHEW) |
| Filing 4 SUMMONS Returned Executed by MICHAEL ZHAO, MIGUEL DERAS, MARY KAY PECK, DEAN MARRIOTT. VOLKSWAGEN GROUP OF AMERICA, INC. served on 7/2/2021, answer due 7/23/2021. (SCHELKOPF, MATTHEW) |
| Filing 3 AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against VOLKSWAGEN GROUP OF AMERICA INC, VOLKSWAGEN AG, AUDI AG,AUDI OF AMERICA, INC. filed by DEAN MARRIOTT, MICHAEL ZHAO, MARY KAY PECK, MIGUEL DERAS.(SCHELKOPF, MATTHEW) Modified on 6/21/2021 (bt, ). |
| Filing 2 SUMMONS ISSUED as to AUDI AG, AUDI OF AMERICA, INC., VOLKSWAGEN AG, VOLKSWAGEN GROUP OF AMERICA, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (bt, ) |
| Filing 1 COMPLAINT against AUDI AG, VOLKSWAGEN AG, VOLKSWAGEN GROUP OF AMERICA, INC. AUDI OF AMERICA, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12464940) with JURY DEMAND, filed by MICHAEL ZHAO, DEAN MARRIOTT. (Attachments: #1 Civil Cover Sheet, #2 Summons)(SCHELKOPF, MATTHEW) Modified on 5/17/2021 (bt, ). |
| Judge Madeline Cox Arleo and Chief Mag. Judge Mark Falk added. (ps) |
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