Szymczak v. Nissan North America Inc.,
| William Szymczak, Stefan Schuele, Kim Dreher, Mario Lopez, Melanie Rivera, Katrina Boyd, Angela Greathouse, Cornelius Jackson, David Simons, Lolita Dillard and Anne Stewart |
| Nissan North America Inc., and Nissan Motor Co., LTD., |
| David Johnson, Phyllis Johnson and Tim McElroy |
| Mr. David Russell |
| Mr. Jay Domenic |
| 7:2010cv07493 |
| September 30, 2010 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Vincent L Briccetti |
| Contract Product Liability |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2013. A more recent docket listing may be available from PACER.
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| Filing 117 Objection to the proposed settlement. Document filed by Max Tabat. (lnl) |
| Filing 116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/2/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 115 TRANSCRIPT of Proceedings re: HEARING held on 5/2/2013 before Judge Vincent L. Briccetti. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/23/2013.(McGuirk, Kelly) |
| Filing 114 TRANSCRIPT of Proceedings re: Hearing held on 5/2/2013 before Judge Vincent L. Briccetti. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/19/2013.(jty) |
Filing 113
FINAL APPROVAL ORDER: The Court approves an award of $5,000 to each of the Plaintiffs (Plaintiffs David and Phyllis Johnson shall be deemed to be one for purposes of this Paragraph) William Szymczak, Stefan Scheuele, Kim Dreher, Mario Lopez, Melanie Rivera, Katrina Boyd, Angela Greathouse, Cornelius Jackson, David Simons, Anne Stewart, David and Phyllis Johnson, and Tim McElroy as a reasonable payment, for his, her, or their efforts, expenses and risk as Plaintiffs in bringing in this action, which shall be paid by NNA as provided in the Settlement Agreement as set forth in this order. The Objection[s] are hereby denied. The Court finds that no just reason exits for delay in entering this Final Judgment and Order of Dismissal. Accordingly, the Clerk is hereby directed to enter to final judgment. (Signed by Judge Vincent L. Briccetti on 5/30/2013) (rj)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #113 Order, to the Judgments and Orders Clerk. (rj) |
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Filing 112
MEMORANDUM DECISION terminating #94 Motion for Settlement. For the foregoing reasons, the Courts GRANTS the parties' joint motion, certifying the class for settlement purposes, and finally approving the settlement agreement. The Court also GRANTS the application for an award of attorneys' fees in the amount of $1,620,000, reimbursement of litigation expenses in the amount of $36,499.43, and incentive awards of $5,000 for each of the named plaintiffs.The Clerk of the Court is instructed to terminate the motion. (Doc. #94). An appropriate order accompanies this opinion. (Signed by Judge Vincent L. Briccetti on 5/30/2013) (rj)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Court Reporter: Albi Gorn. Fairness hearing held. Decision Reserved.Fairness Hearing held on 5/2/2013. (Court Reporter Albi Gorn) (rj) |
| Filing 111 REPLY MEMORANDUM OF LAW in Support re: #94 MOTION for Settlement. (Reply to Russell/Domenic Objection). Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, Mario Lopez, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 110 DECLARATION of Matthew R. Mendelsohn in Support re: #94 MOTION for Settlement.. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 109 REPLY MEMORANDUM OF LAW in Support re: #94 MOTION for Settlement. and Approval of Attorneys Fees and Expenses. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 108 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary A. Graifman dated 4/25/2013 re: Plaintiffs respectfully request that they be given leave to file a brief no more than 17 pages in 12 point font. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 4/25/2013) (rj) |
| Filing 107 MEMORANDUM OF LAW in Opposition re: #94 MOTION for Settlement.. Document filed by Jay Domenic. (Zitter, Kenneth) |
| Filing 106 MEMORANDUM OF LAW in Opposition re: #94 MOTION for Settlement. in Opposition to Application for Award of Attorneys' Fees (Dkt. #97). Document filed by Nissan North America Inc.,. (Cauley, E.) |
| Filing 105 MEMORANDUM OF LAW in Support re: #94 MOTION for Settlement. in Support of Motion for Final Approval of Settlement (Dkt. #96). Document filed by Nissan North America Inc.,. (Cauley, E.) |
| Filing 104 AFFIRMATION of Nina S. McDonald in Support re: (94 in 7:10-cv-07493-VB) MOTION for Settlement.. Document filed by Nissan North America, Inc., Nissan North America, Inc, Nissan North America Inc.,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (Certificate of Service))Filed In Associated Cases: 7:10-cv-07493-VB, 7:12-cv-01495-VB, 7:12-cv-02149-VB(Cauley, E.) |
| Filing 103 DECLARATION of Gary S. Graifman in Support re: #94 MOTION for Settlement.. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Exhibit A to Declaration, #2 Exhibit B to Declaration, #3 Exhibit B Continued, #4 Exhibit B Continued, #5 Exhibit B Continued, #6 Exhibit B Continued, #7 Exhibit B Continued, #8 Exhibit B to Declaration, #9 Certificate of Service)(Graifman, Gary) |
| Filing 102 RESPONSE in Support re: #94 MOTION for Settlement. (Plaintiffs' Response to Objections Filed By Class Members). Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 101 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 4/16/2013 re: The parties are respectfully requesting that the date for filing the above mentioned submissions be adjourned to Saturday, April 20, 2013. at which time they will be ECF filed. Plaintiffs would also request that their reply to the defendants' opposition to the motion for an award of attorneys fees, currently due April 25th, be adjourned one day to Friday, April 26th since the Plaintiffs will receive defendant's opposition to its application on Saturday, April 20th. ENDORSEMENT: Application Granted. No further extensions will granted., ( Replies due by 4/26/2013.) (Signed by Judge Vincent L. Briccetti on 4/16/2013) (rj) |
| Filing 100 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of (EXHIBITS TO DECLARATION OF PATRICK M. PASSARELLA RE: NOTICE PROCEDURES) in Support re: #94 MOTION for Settlement.. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Exhibits to Decl. Part 2, #2 Exhibits to Decl. Part 3, #3 Exhibits to Decl. Part 4, #4 Exhibits to Decl. Part 5, #5 Exhibits to Decl. Part 6, #6 Exhibits to Decl. Part 7, #7 Exhibits to Decl. Part 8, #8 Exhibits to Decl. Part 9, #9 Exhibits to Decl. Part 10, #10 Exhibits to Decl. Part 11, #11 Exhibits to Decl. Part 12, #12 Exhibits to Decl. Part 13, #13 Exhibits to Decl. Part 13 A, #14 Exhibits to Decl. Part 14, #15 Exhibits to Decl. Part 15, #16 Exhibits to Decl. Part 15 A, #17 Exhibits to Decl. Part 15 B, #18 Exhibits to Decl. Part 15 D, #19 Exhibits to Decl. Part 16, #20 Exhibits to Decl. Part 17, #21 Exhibits to Decl. Part 18, #22 Exhibits to Decl. Part 19, #23 Exhibits to Decl. Part 20, #24 Exhibits to Decl. Part 22)(Graifman, Gary) Modified on 4/8/2013 (ldi). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Gary Steven Graifman: Document No. #100 is an Exhibit. This document is not filed via ECF. Exhibits are ONLY filed as attachments to a supporting document. NOTE: Re-File the Declaration of Patrick M. Passarella and add the exhibits as attachments. (ldi) |
| Filing 99 DECLARATION of Patrick M. Passarella in Support re: #94 MOTION for Settlement.. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Graifman, Gary) |
| Filing 98 BRIEF re: #97 Memorandum of Law in Support of Motion, (Appendix to Fee Brief--of Unreported Case(s)). Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 97 MEMORANDUM OF LAW in Support re: #94 MOTION for Settlement. and Application for Award of Attorneys' Fees and Expenses. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Graifman, Gary) |
| Filing 96 MEMORANDUM OF LAW in Support re: #94 MOTION for Settlement.. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, Mario Lopez, Tim McElroy, Melanie Rivera, David Simons, Anne Stewart, William Szymczak. (Graifman, Gary) |
| Filing 95 DECLARATION of Gary S. Graifman, Howard T. Longman and Matthew R. Mendelsohn in Support re: #94 MOTION for Settlement.. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Exhibits 1-4 of the Joint Declaration, #2 Exhibits 5-9 of the Joint Declaration)(Graifman, Gary) |
| Filing 94 MOTION for Settlement. Document filed by Katrina Boyd, Kim Dreher, Angela Greathouse, Cornelius Jackson, David Johnson, Phyllis Johnson, Mario Lopez, Tim McElroy, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak.(Graifman, Gary) |
| Filing 93 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 4/4/2013 re: Accordingly, we respectfully request leave to ECF file the Plaintiffs' papers in support of the settlement on or before Saturday, April 6, 2013. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 4/4/2013) (rj) |
| Filing 92 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 4/3/2013 re: Therefore, plaintiffs request that they be given leave to file a brief no more than 35 pages in 12 point font. Similarly, with regard to the brief in support of counsel fees and reimbursement of expenses, that standard also entails a significant multi part test which requires discussion of each of the factors as well as discussion of the background and procedural history. We are requesting that plaintiff be given leave to file the brief of no more than 35 pages in 12 point font. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 4/3/2013) (rj) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Gary Graifman Document #91 Stipulation of Voluntary Dismissal, was referred to Judge Vincent L. Briccetti for approval. (rj) |
| Filing 91 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Lolita Dillard.(Graifman, Gary) |
| Filing 90 Objection To Settlement. (rj) |
| Filing 89 Objection. Document filed by David Russell. (Attachments: #1 Exhibit, #2 Exhibit)(Zitter, Kenneth) |
| Filing 88 Objection. Document filed by Jay Domenic. (Attachments: #1 Exhibit, #2 Exhibit)(Zitter, Kenneth) |
| Filing 87 NOTICE OF APPEARANCE by Kenneth A. Zitter on behalf of David Russell (Zitter, Kenneth) |
| Filing 86 NOTICE OF APPEARANCE by Kenneth A. Zitter on behalf of Jay Domenic (Zitter, Kenneth) |
| Filing 85 Objection To The Settlement. Filed by Debra Reynolds (rj) |
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Filing 84
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 2/16/2013 re: We represent the Lead Plaintiffs and Class in the above matter and write to confirm the new schedule with regard to submissions based on the new Final Approval Hearing Date of May 2, 2013 before Your Honor. Based on the new date of May 2, 2013, the following deadlines flow from the Preliminary Approval Order entered October 9, 2012 ("Prelim. Appr. Order"): April 4, 2013 The Lead Plaintiffs' Submission in Support of Settlement and Fee application (28 days prior to hearing, Prelim. Appr. Order 14); April 4, 2013 Filing by the Claims Administrator with the Court of a Declaration that the notice as been completed as per the terms of the Settlement Agreement and Preliminary Approval Order (28 days prior to the hearing Prelim. Appr. Order. 5(c)); April 11, 2013 Deadline for the filing of Objections and Opt Outs (21 days prior to hearing Prelim. Appr. Order, 12); April 18, 2013 Deadline for Lead Plaintiffs and NNA to file Responses to Objections and NNA's Opposition to Fee Request (14 days prior to hearing. Prelim. Appr. Order, 14); April 25, 2013 Deadline for Lead Plaintiff's Reply on Fee Request Application (7 days prior to hearing Prelim. Appr. Order, 14). ENDORSEMENT: So Ordered. (Signed by Judge Vincent L. Briccetti on 2/19/2013) (rj)
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| Filing 83 Objection. filed by Gary G. DeBarba, (rj) |
| Filing 82 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 2/11/2013 re: Plaintiffs are writing to discuss the current schedule for the motion for final approval of the settlement, motion for attorneys' fees and expenses, and the final fairness hearing. For the above reasons, we respectfully request that the final fairness hearing scheduled for March 14, 2013 be adjourned until April 15, 2013. ENDORSEMENT: Application Granted. The Final Fairness Hearing is adjourned to 4/26/13 at 2:00 pm, on condition that the parties notify any person who has objected to the settlement, or who does object to the settlement, of the adjourned date., (Final Fairness Hearing set for 4/26/2013 at 02:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 2/11/2013) (rj) |
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Filing 81
PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material...IT IS THEREFORE ORDERED THAT documents, including, paragraphs, drawings, films, videotapes and other writings, including lists or compilations thereof, answers to interrogatories, responses to other discovery requests and deposition testimony of discovery by any party in this Litigation are referred to as "Protected Documents." Except as otherwise indicated below, all documents, including lists or compilations thereof, answers to interrogatories, responses to other discovery requests and deposition testimony designated by the producing party as " Confidential" or "Subject to Protective Order," and which are disclosed or produced to the attorneys for the other parties to this Litigation are Protected Documents and are entitled to Confidential treatment as described below as set forth in this order. (Signed by Judge Vincent L. Briccetti on 1/31/2013) (rj)
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| Filing 80 Objection. (rj) |
| Filing 79 Letter addressed to Honorable Charles L. Brieant Jr. from Rickey Shubert dated 1/11/2013 re: I am writing to say that I am in objection to the above settlement. Nissan did not make this a vehicle recall which would have caused consumers not to have any out the pocket expenses. Instead a class action law suit had to be filed which caused consumers unnecessary and burdensome expenses through no fault of their own. (rj) |
| Filing 78 Letter addressed to To Whom It May Concern from Rachel Kilmer dated 1/11/2013 re: Please make Nissan reimburse the owners. I just want a car that runs without having to dump thousand of dollars into it for a problem that was created by bad engineering. (rj) |
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Filing 77
PRELIMINARY APPROVAL ORDER: IT IS HEREBY ORDERED AS FOLLOWS Preliminary Class Settlement Approval and Settlement Hearing. The Court preliminary certifies the Settlement Class, for settlement purposes only, consisting of all former and current owners of a 2005-2010 model year Nissan Pathfinder, Nissan Xterra or Nissan Frontier vehicle in the United States and its territories, including Puerto Rico, excluding fleet and governmental purchases and lessees. The Court certifies that, for settlement purposes only, the requirements of Fed. R. Civ. P. 23(a) and 23(b)(3)have been satisfied with regard to the Settlement Class, and finds that for purposes of preliminary approval, the terms of the Settlement Agreement are within the range of reasonableness for a class settlement. The terms of the Settlement Agreement are, therefore, preliminarily approved, subject to further consideration at a hearing to be held consistent with the requirements of Fed. R. Civ. P. 23(e)(the "Fairness Hearing"). During the Fairness Hearing, which shall be held before the Court on March 14, 2013 at 10:00 am, in Courtroom 620 of the United States District Court for the Southern District of New York, White Plains Division, the Court will determine whether the proposed settlement agreement is fair and reasonable, whether final approval shall be given to it and whether Class Counsel's application for an award of Attorneys' Fees and Expenses should be granted as set forth in this order. (Signed by Judge Vincent L. Briccetti on 10/9/2012) (rj).
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Filing 76
PARTIAL STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF NISSAN MOTOR CO., LTD. ONLY: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for Plaintiffs and Defendants, as follows: NML, is hereby dismissed without prejudice as a defendant in the above captioned matter. In the event that final approval of the settlement in the within matter is not granted, and litigation in the action proceeds, NML agrees that its counsel will accept service of any third party subpoena that Plaintiffs may seek to serve on NML. Notwithstanding this, NML reserves all rights, defenses and objections to such discovery except for that based upon invalid service or personal jurisdiction. (Signed by Judge Vincent L. Briccetti on 10/9/2012) (rj)
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| Set/Reset Hearings: Fairness Hearing set for 3/14/2013 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (rj) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Telephone Conference held on 10/5/2012. The parties will submit a stipulation no later than 12pm on 10-9-12. (Court Reporter Mary Staten) Associated Cases: 7:10-cv-07493-VB, 7:12-cv-01495-VB, 7:12-cv-02149-VB(fk) |
| Filing 75 ANSWER to #69 Amended Complaint,. Document filed by Nissan North America Inc.,.(Cauley, E.) |
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Filing 74
STIPULATION AND ORDER: NNA's deadline to file a responsive pleading to Plaintiffs' Consolidated Complaint is extended to September 21, 2012. Nissan North America Inc., answer due 9/21/2012. (Signed by Judge Vincent L. Briccetti on 9/10/2012) (mml)
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| Filing 73 MEMORANDUM OF LAW in Support re: (37 in 7:12-cv-01495-VB, 25 in 7:12-cv-02149-VB, 71 in 7:10-cv-07493-VB) Response in Support of Motion, for Preliminary Approval of Settlement. Document filed by Nissan North America, Inc. Filed In Associated Cases: 7:10-cv-07493-VB, 7:12-cv-01495-VB, 7:12-cv-02149-VB(Cauley, E.) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney E. Paul Cauley to RE-FILE Document #72 Brief. Use the event type Memorandum of Law in Support(non-motion) found under the event list Other Answers. (ka) |
| Filing 72 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: (37 in 7:12-cv-01495-VB, 25 in 7:12-cv-02149-VB, 71 in 7:10-cv-07493-VB) Response in Support of Motion,. Document filed by Nissan North America, Inc.Filed In Associated Cases: 7:10-cv-07493-VB, 7:12-cv-01495-VB, 7:12-cv-02149-VB(Cauley, E.) Modified on 9/7/2012 (ka). |
| Filing 71 RESPONSE in Support re: (66 in 7:10-cv-07493-VB) MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class). MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class).. Document filed by Nissan North America, Inc. Filed In Associated Cases: 7:10-cv-07493-VB, 7:12-cv-01495-VB, 7:12-cv-02149-VB(Cauley, E.) |
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Filing 70
STIPULATION AND ORDER: All deadlines set forth in the Court's Revised Civil Case Discovery Plan and Scheduling Order (Dkt. #61) are adjourned pending a final ruling on the proposed settlement. If necessary, the Parties agree to enter into another Stipulation as to new deadlines for those set forth in the Court's Revised Civil Case Discovery Plan and Scheduling Order (Dkt. #61). (Signed by Judge Vincent L. Briccetti on 9/4/2012) (mml)
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| Filing 69 THIRD AMENDED AND FIRST CONSOLIDATED CLASS ACTION COMPLAINT against Nissan Motor Co., LTD., Nissan North America Inc., with JURY DEMAND.Document filed by Kim Dreher, Cornelius Jackson, Mario Lopez, William Szymczak, Melanie Rivera, Anne Stewart, Angela Greathouse, David Simons, Lolita Dillard, David Johnson, Tim McElroy, Stefan Schuele, Katrina Boyd, Phyllis Johnson.(rj) |
| Filing 68 MEMORANDUM OF LAW in Support re: #66 MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class). MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class).. Document filed by William Szymczak. (Graifman, Gary) |
| Filing 67 DECLARATION of Gary S. Graifman in Support re: #66 MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class). MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class).. Document filed by William Szymczak. (Attachments: #1 Exhibit 1 - Settlement Agreement together with Exhibits A,B,C, & D to Settlement Agreement, #2 Certificate of Service)(Graifman, Gary) |
| Filing 66 MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement and Preliminary Certification of Class). Document filed by William Szymczak. (Attachments: #1 Letter to Hon. Vincent L. Briccetti from Gary S. Graifman)(Graifman, Gary) |
| Filing 65 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 8/22/2012 re: Plaintiff's co counsel respectfully request a brief adjournment of the date for filing. Plaintiffs' Third Consolidated Amended Complaint and the Preliminary Approval Settlement Papers from today until Friday, August 24, 2012. ENDORSEMENT: Application Granted., ( Amended Pleadings due by 8/24/2012.) (Signed by Judge Vincent L. Briccetti on 8/22/2012) (rj) |
| Filing 64 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David M. Covey dated 8/14/2012 re: Defendants respectfully request a one week extension for submissions due August 15, 2012. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 8/15/2012) (rj) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti:Conference held regarding the proposed settlement. Court Reporter: Albi Gorn.The motion for preliminary approval and amended complaint shall be filed on or before 8/15/12. Status Conference held on 7/25/2012, ( Amended Pleadings due by 8/15/2012., Motions due by 8/15/2012.). (Court Reporter Albi Gorn) (rj) |
| Filing 63 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 7/13/2012 re: Accordingly, Plaintiffs request, and defendants have agreed, to adjournment of the date for filing Plaintiffs' Third Consolidated Amended Complaint from this Monday, July 16, 2012 for two weeks, until July 30, 2012. ENDORSEMENT: Application Granted., ( Amended Pleadings due by 7/30/2012.) (Signed by Judge Vincent L. Briccetti on 7/13/2012) (rj) |
| Filing 62 ENDORSED LETTER addressed to Judge Vincent Briccetti from David Covey dated 6/29/2012 re: Joint request for Nissan Motor Co., to advise whether it is willing to provide discovery as a non-party in exchange for dismissal, which is today, and the date for plaintiffs to serve their Consolidated Amended Complaint, which is July 2, 2012, be adjourned for two weeks. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 7/2/2012) (fk) |
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Filing 61
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Amended Pleadings due by 7/2/2012. Defendant Nissan North America, Inc. shall file its responsive pleading and/or motions to Plaintiffs Consolidated Amended Complaint by 8/17/2012. NML and NNA shall serve their objections and responses to the jurisdictional discovery served in the Szymczak matter by 7/17/2012. The Szymczak Plaintiffs have until 8/17/2012 to conduct discovery. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed by 8/31/2012. The parties may serve document requests related to class certification on or after 7/16/2012. Motions for Class Certification due by 9/15/2013. Responses due by 9/15/2012. Replies due by 10/30/2013. Fact Discovery due by 4/30/2013. Discovery due by 8/17/2012. Case Management Conference set for 1/7/2013 at 10:00 AM before Judge Vincent L. Briccetti. As set forth in this order. (Signed by Judge Vincent L. Briccetti on 6/13/2012) (mml)
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| Filing 60 NOTICE OF APPEARANCE by Randy J. Perlmutter on behalf of William Szymczak (Perlmutter, Randy) |
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Filing 59
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. Amended Pleadings due by 7/2/2012. Motions due by 8/17/2012. Fact Discovery due by 4/30/2013. Case Management Conference set for 1/7/2013 at 10:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 6/5/2012) (rj)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Conference held. The parties are to submit their agreed upon case management plan as soon as possibleeither by fax 914-390-4170 or e-mail Donna_Hilbert@nysd.uscourts.gov.The next conference is scheduled for 1/7/13 @ 10am.Initial Pretrial Conference held on 5/30/2012, ( Status Conference set for 1/7/2013 at 10:00 AM before Judge Vincent L. Briccetti.). (rj) |
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Filing 58
MEMORANDUM DECISION: Denying #40 Motion to Strike ; granting #45 Motion to Consolidate Cases 7:10-cv-7493 (as Lead Case) with 7:12-cv-1495, 7:12-cv-2149; granting #45 Motion to Appoint Counsel ; granting #57 Motion to Amend/Correct. It is hereby ordered: 1. The motions for consolidation of the pending actions and for the appointment of counsel as interim co-lead counsel are GRANTED. 2. The following actions are consolidated for all purposes pursuant to Rule 42(a): Szymczak v. Nissan North America, Inc., and Nissan Motor Co., Ltd., Case No. 10 CV 7493 (VB); McElroy v. Nissan North America, Inc., and Nissan Motor Co., Ltd., Case No. 12 CV 1495 (VB); Johnson v. Nissan North America, Inc., Case No. 12 CV 2149 (VB). 3. The caption of these consolidated actions shall read In re Nissan Radiator/Transmission Cooler Litigation, and the files of these consolidated actions shall be maintained in one file under Case No. 10 CV 7493 (VB) (the Consolidated Action). Any other actions now pending or later filed in this Court that arise out of or are related to the same facts as alleged in the above identified cases shall, until further order of this Court, be consolidated for all purposes pursuant to Fed. R. Civ. P. 42(a) into the Consolidated Action, if and when they are brought to the Courts attention. 4. All documents filed in the Consolidated Action shall bear the following caption: IN RE NISSAN RADIATOR/TRANSMISSION COOLER LITIGATION 10 CV 7493 (VB) 5. Kantrowitz, Goldhamer & Graifman, P.C.; Stull, Stull & Brody; and Mazie, Slater, Katz, Freeman, LLC, are hereby appointed Interim Co-Lead Counsel; 6. Interim Co-Lead Counsel shall have the authority to perform or delegate the performance of the following matters in the Consolidated Action: (a) To coordinate the briefing and argument of motions;(b) To coordinate the conduct of written discovery proceedings; (c) To coordinate the examination of witnesses in depositions; (d) To coordinate the selection of counsel to act as spokesperson at pre-trial conferences; (e) To call meetings of plaintiffs counsel as they deem necessary and appropriate from time to time; (f) To conduct all settlement negotiations with counsel for defendants; (g) To coordinate and direct the preparation for trial and to delegate work responsibilities to selected counsel as may be required; (h) To receive orders, notices, correspondence, and telephone calls from the Court on behalf of plaintiffs and to transmit copies of such telephone calls to plaintiffs counsel; and (i) To supervise any other matters concerning the prosecution or resolution of the Consolidated Actions. 7. No pleadings or other papers shall be filed or discovery conducted in the Consolidated Action by any plaintiff except as directed or undertaken by Interim Co-Lead Counsel; 8. Counsel in any related action that is later consolidated into the ConsolidatedAction shall be bound by this organizational structure absent further order by the Court; 9. The motion to strike filed in the Szymczak matter (Doc. #40) is DENIED without prejudice. 10. The parties are instructed to appear for a case management conference on May 30, 2012 at 10:00 a.m. 11. The Clerk is directed to terminate the pending motions. (Case No. 10 CV 7493, Docs. #40, 45, 57; Case No. 12 CV 1495, Docs. #21, 31; Case No. 12 CV 2149, Doc. #22).(Signed by Judge Vincent L. Briccetti on 5/15/2012) (fk)
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| Set/Reset Hearings: Case Management Conference set for 5/30/2012 at 10:00 AM before Judge Vincent L. Briccetti. Associated Cases: 7:10-cv-07493-VB, 7:12-cv-01495-VB, 7:12-cv-02149-VB(fk) |
| Filing 57 MOTION to Amend/Correct #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 56 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Gary Steven Graifman to RE-FILE Document #54 Memorandum of Law in Support of Motion. Use the event type Reply Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 55 DECLARATION of Howard T. Longman, Esq. in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 54 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel. (REPLY BRIEF). Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) Modified on 4/5/2012 (ldi). |
| Filing 53 MEMORANDUM OF LAW in Opposition re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by Nissan North America Inc.,. (Covey, David) |
| Filing 52 RESPONSE in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel. Opposition to Plaintiffs' Motion to Appoint Co-Lead Counsel. Document filed by Nissan North America Inc.,. (Covey, David) |
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Filing 51
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 3/28/2012 re: Because Plaintiffs fully intend to respond to the defendants' motion to strike, but did not because the parties submitted the Stipulation and Order to the Court staying the time to respond, we respectfully request that the Memorandum Decision granting the Motion to Strike is vacated, and the Stipulation and Proposed Order that had been electronically submitted to the Clerk of the Court on March 22,2012 Jointly by the parties be entered. In addition, the parties would also be available for a conference by telephone or in person upon the Court's request. ENDORSEMENT: Application Granted. The Memorandum Decision and order dated 3/26/12 ( Doc #49) is vacated, and the motion to strike ( Doc #40) is restored to the calendar. (Signed by Judge Vincent L. Briccetti on 3/29/2012) (rj)
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Filing 50
STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between theundersigned attorneys for Plaintiffs and Defendants, as follows: 1. All deadlines set forth in the Parties March 3, 2012 endorsed Stipulation(Dkt. # 44) are stayed pending a ruling on NNAs MDL Motion or Plaintiffs Motion to Consolidate. 2. Plaintiffs deadline to respond to NNAs Motion to Strike Pursuant to Rule 12(f) and, Alternatively, Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. # 40) is adjourned pending a ruling on NNAs MDL Motion or Plaintiffs Motion to Consolidate. 3. If necessary, the Parties agree to enter into another Stipulation as to new deadlines for those set forth in the Parties March 3, 2012 endorsed Stipulation (Dkt. # 44) and as to a briefing schedule for NNAs Motion to Strike Pursuant to Rule 12(f) and,Alternatively, Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. # 40). (Signed by Judge Vincent L. Briccetti on 3/29/2012) (rj)
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| Filing 49 **VACATED**MEMORANDUM DECISION granting #40 Motion to Strike Document No. #34 . For the foregoing reasons, the Court GRANTS defendants motion to strike.The Clerk is instructed to terminate defendants motion (Doc. #40). (Signed by Judge Vincent L. Briccetti on 3/26/2012) (mml) Modified on 3/29/2012 (rj). |
| Filing 48 DECLARATION of Gary S. Graifman in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by William Szymczak. (Attachments: #1 Exhibits A-B of the Gary S. Graifman Declaration, #2 Exhibits C-F of the Gary S. Graifman Declaration, #3 Certificate of Service)(Graifman, Gary) |
| Filing 47 MEMORANDUM OF LAW in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 46 DECLARATION of Gary S. Graifman, Esq. in Support re: #45 MOTION to Consolidate Cases 1:12-cv-01495. MOTION to Appoint Counsel.. Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
| Filing 45 MOTION to Consolidate Cases 1:12-cv-01495., MOTION to Appoint Counsel.( Return Date set for 4/11/2012 at 09:00 AM.) Document filed by William Szymczak. (Attachments: #1 Certificate of Service)(Graifman, Gary) |
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Filing 44
STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiffs and Defendants, as follows: Without waiving its right to refile if issues of coordination cannot be resolved over the next three weeks, NNA withdraws its Motion to Stay by way of this stipulation. NNA and Defendant Nissan Motor Co., Ltd. ("NML") shall serve their objections, responses and documents responsive to Plaintiffs' jurisdictional discovery requests on counsel for Plaintiffs on or before March 23, 2012. Service shall be made upon Plaintiffs' counsel on that date by email, with a courtesy copy by regular mail. By no later than March 30, 2012, Plaintiffs shall send a status letter to Defendants' counsel about how it plans to proceed with regard to the personal ' jurisdiction issue. Plaintiffs shall send a copy of the letter by fax to the Court. If appropriate, NML is to re-file its Motion to Dismiss for Lack of Personal Jurisdiction by no later than April 6, 2012. Plaintiffs' Opposition to NML's Motion to Dismiss for Lack of Personal Jurisdiction sha11 be filed by no later than April 30, 2012, and NML's Reply is due by May 14,2012.ENDORSEMENT: The Clerk is instructed to terminate the motion to stay (Doc.#37).( Motions due by 4/6/2012., Responses due by 4/30/2012, Replies due by 5/14/2012.) (Signed by Judge Vincent L. Briccetti on 3/6/2012) (rj)
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| Filing 43 ANSWER to #34 Amended Complaint,. Document filed by Nissan North America Inc.,.(Cauley, E.) |
| Filing 42 MEMORANDUM OF LAW in Support re: #40 MOTION to Strike Document No. #34 .. Document filed by Nissan North America Inc.,. (Cauley, E.) |
| Filing 41 AFFIRMATION of S. Vance Wittie in Support re: #40 MOTION to Strike Document No. #34 .. Document filed by Nissan North America Inc.,. (Cauley, E.) |
| Filing 40 MOTION to Strike Document No. #34 . Document filed by Nissan North America Inc.,.(Cauley, E.) Modified on 3/29/2012 (rj). |
| Filing 39 MEMORANDUM OF LAW in Support re: #37 MOTION to Stay Proceedings.. Document filed by Nissan Motor Co., LTD.,, Nissan North America Inc.,. (Cauley, E.) |
| Filing 38 AFFIRMATION of E. Paul Cauley, Jr., Esq. in Support re: #37 MOTION to Stay Proceedings.. Document filed by Nissan Motor Co., LTD.,, Nissan North America Inc.,. (Cauley, E.) |
| Filing 37 MOTION to Stay Proceedings. Document filed by Nissan Motor Co., LTD.,, Nissan North America Inc.,.(Cauley, E.) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney E. Paul Cauley to RE-FILE Document #36 MOTION to Stay Proceedings. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. NOTE: The Memorandum of Law is missing a signature or s/. (ldi) |
| Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Stay Proceedings. Document filed by Nissan Motor Co., LTD.,, Nissan North America Inc.,. (Attachments: #1 Affirmation of E. Paul Cauley, Jr., Esq., #2 Memorandum of Law)(Cauley, E.) Modified on 2/29/2012 (ldi). |
| Filing 35 NOTICE of Filing Motion to Transfer and Consolidate Pursuant to 28 U.S.C. 1407. Document filed by Nissan North America Inc.,. (Attachments: #1 Exhibit 1 (JPML Motion to Transfer and Consolidate), #2 Exhibit 2 (Brief in Support of JPML Motion to Transfer and Consolidate and Exhibits), #3 Exhibit 3 (JPML Oral Argument Statement), #4 Exhibit 4 (JPML Corporate Disclosure Statement), #5 Exhibit 5 (JPML Proof of Service))(Cauley, E.) |
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Filing 33
ORDER granting #32 Motion for Nina S. McDonald to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 2/2/2012) (rj)
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Filing 31
ORDER granting #29 Motion for E. Paul Cauley, Jr. to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 1/30/2012) (rj)
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Filing 30
ORDER granting #28 Motion for S. Vance Wittie to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 1/30/2012) (rj)
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| Filing 32 MOTION for Nina S. McDonald to Appear Pro Hac Vice.$200.00 Fee Paid, Receipt# 465407002452. Document filed by Nissan Motor Co., LTD., Nissan North America Inc.(rj) |
| Filing 29 MOTION for E. Paul Cauley, Jr. to Appear Pro Hac Vice.$200.00 Fee Paid, receipt# 465407002451. Document filed by Nissan Motor Co., LTD., Nissan North America Inc.(rj) |
| Filing 28 MOTION for S. Vance Wittie to Appear Pro Hac Vice.$200 Fee Paid, Receipt# 465407002450. Document filed by Nissan Motor Co., LTD., Nissan North America Inc.(rj) |
| Filing 34 SECOND AMENDED COMPLAINT amending #4 Amended Complaint, against Nissan Motor Co., LTD., Nissan North America Inc., with JURY DEMAND. Document filed by David Simons, Angela Greathouse, Kim Dreher, Lolita Dillard, Cornelius Jackson, Stefan Schuele, Mario Lopez, William Szymczak, Katrina Boyd, Melanie Rivera, Anne Stewart. Related document: #4 Amended Complaint, filed by William Szymczak. (mml) |
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Filing 27
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman dated 12/29/2011 re: Co-counsel for plaintiffs respectfully write concerning the parties' joint request for a modification of the short term schedule concerning amendment of the complaint and limited jurisdictional discovery. ENDORSEMENT: The Court is in receipt of plaintiffs' counsel's letter dated December 29, 2011, requesting an extension of time for plaintiffs to file a second amended complaint and conduct certain, limited jurisdictional discovery. The Court declines to endorse plaintiffs' specific requests and instead enters the following order: Plaintiffs' second amended complaint shall be filed by no later than January 16, 2012. Defendant Nissan North America, Inc., shall file its answer or otherwise respond to the second amended complaint by no later than March 2,2012. Plaintiffs' discovery demands regarding the personal jurisdiction issue shall be served by no later than January 16,2012. Defendant Nissan Motor Co., Ltd. ("NMC") shall respond to those demands by no later than March 2, 2012. NMC's motion to dismiss for lack of personal jurisdiction is DENIED without prejudice. NMC is granted leave to re-file the motion in accordance with the following schedule: By no later than March 9, 2012, plaintiffs shall send a status letter to defendants' counsel about how it plans to proceed with regard to the personal jurisdiction issue. Plaintiffs shall send a copy of the letter by fax to the Court. If appropriate, NMC is to re-file its motion by no later than March 16,2012. Plaintiffs' opposition to the motion shall be filed by no later than April 7, 2012, and NMC's reply is due by April 21, 2012. Plaintiffs' counsel is instructed to send a copy of this order to defendants' counsel. The Clerk is instructed to terminate NMC's pending motion to dismiss (Doc. # 11)., Nissan Motor Co., LTD., answer due 3/2/2012; Nissan North America Inc., answer due 3/2/2012.( Amended Pleadings due by 1/16/2012., Motions due by 3/16/2012., Responses due by 4/7/2012, Replies due by 4/21/2012.), Motions terminated: #11 MOTION to Dismiss. filed by Nissan Motor Co., LTD. (Signed by Judge Vincent L. Briccetti on 12/29/2011) (rj)
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| Filing 26 MEMORANDUM DECISION: granting #7 Motion to Dismiss. For the foregoing reasons, the Court GRANTS defendant NNAs motion to dismiss (Doc. #7) as follows: Claims for breach of express warranty except as to plaintiffs allegation that the warranty period was unconscionable; Claims for breach of implied warranty of merchantability; Claims under Section 349 of the New York General Business Law as to plaintiffs Schuele, Dreher, Rivera, Stewart, Boyd, Simons, and Dillard; Claims under Section 350 of the New York General Business Law; Claims under Tennessee Consumer Protection Act as to all plaintiffs exceptplaintiff Boyd; Claims under the New Jersey Consumer Fraud Act;Claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law; Claims for fraud without prejudice; Claims for unjust enrichment as to plaintiffs Simons and Schuele. Plaintiffs are granted leave to file an amended complaint on or before December 30, 2011, to address any claims that were dismissed without prejudice.The Clerk is instructed to terminate NNAs motion (Doc. #7).. (Signed by Judge Vincent L. Briccetti on 12/16/2011) (rj) |
| Set/Reset Deadlines: Amended Pleadings due by 12/30/2011. (rj) |
| Filing 25 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from David M. Covey dated 8/29/2011 re: Defendant NNA requests an extension of the page limitation on its Reply. ENDORSEMENT: Application granted. (Signed by Judge Vincent L. Briccetti on 8/29/2011) (mml) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss.. Document filed by Nissan Motor Co., LTD.,. (Attachments: #1 Affidavit of Service)(Covey, David) |
| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss.. Document filed by Nissan North America Inc.,. (Attachments: #1 Affidavit of Service)(Covey, David) |
| Filing 22 AFFIDAVIT of David M. Covey, Esq. in Support re: #7 MOTION to Dismiss.. Document filed by Nissan North America Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Affidavit of Service)(Covey, David) |
| Filing 21 ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Gary S. Graifman, dated 8/1/2011, re: Counsel for one of the plaintiffs writes to request that the Court grant Plaintiff's a page extension to forty-two (42) pages. Defendants' counsel has consented to this request. ENDORSEMENT: Application Granted. (Signed by Judge Vincent L. Briccetti on 8/1/2011) (lnl) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Dismiss.. Document filed by Cornelius Jackson, Mario Lopez, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Affidavit of Service)(Graifman, Gary) |
| Filing 19 DECLARATION of Gary S. Graifman in Opposition re: #11 MOTION to Dismiss.. Document filed by Cornelius Jackson, Mario Lopez, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Affidavit of Service)(Graifman, Gary) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Dismiss.. Document filed by Mario Lopez, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak. (Attachments: #1 Affidavit of Service)(Graifman, Gary) |
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Filing 17
STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Plaintiffs and Defendant, as follows: 1. By consent of the Parties, and with the approval of the Court, the aforementioned motions will be returnable to August 29, 2011. 2. Plaintiffs shall file and serve their opposition papers or before August 1, 2011. Service shall be made upon Defendants' counsel on that date by electronic filing with a courtesy copy by regular mail or email. 3. Defendant shall file and serve their reply papers, on or before August 29, 2011. Service shall be made upon Plaintiffs' counsel on that date by electronic filing, with a courtesy copy by regular mail or email. Responses due by 8/1/2011, Replies due by 8/29/2011. (Signed by Judge Vincent L. Briccetti on 6/16/2011) (rj)
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| Filing 16 NOTICE OF APPEARANCE by Matthew R. Mendelsohn on behalf of Katrina Boyd, Lolita Dillard, Kim Dreher, Angela Greathouse, Cornelius Jackson, Mario Lopez, Melanie Rivera, Stefan Schuele, David Simons, Anne Stewart, William Szymczak (Mendelsohn, Matthew) |
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Filing 15
STIPULATION AND ORDER: By consent of the Parties, and with the approval of the Court, the aforementioned motions will be returnable to July 18, 2011. Plaintiffs shall file and serve their opposition papers on or before June 15, 2011. Defendant shall file and serve their reply papers, on or before July 11, 2011. Responses due by 6/15/2011, Replies due by 7/11/2011. (Signed by Judge Vincent L. Briccetti on 5/18/2011) (mml)
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| Filing 14 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge J. Frederick Motz is no longer assigned to the case. (laq) |
| Filing 13 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss.. Document filed by Nissan Motor Co., LTD.,. (Covey, David) |
| Filing 12 AFFIDAVIT of David M. Covey in Support re: #11 MOTION to Dismiss.. Document filed by Nissan Motor Co., LTD.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order, #5 Affidavit of service)(Covey, David) |
| Filing 11 MOTION to Dismiss. Document filed by Nissan Motor Co., LTD.,.(Covey, David) |
| Filing 10 NOTICE of Proposed Order re: #7 MOTION to Dismiss.. Document filed by Nissan North America Inc.,. (Covey, David) |
| Filing 9 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss.. Document filed by Nissan North America Inc.,. (Covey, David) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of David M. Covey in Support re: #7 MOTION to Dismiss.. Document filed by Nissan North America Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of service)(Covey, David) Modified on 9/2/2011 (fk). |
| Filing 7 MOTION to Dismiss. Document filed by Nissan North America Inc.,.(Covey, David) |
| Filing 6 NOTICE of Firm Name Change. Document filed by Nissan Motor Co., LTD.,, Nissan North America Inc.,. (Covey, David) |
| Filing 5 STIPULATION IT IS HEREBY STIPULATED AND AGREED, that the time within which Defendant Nissan North America, Inc. must answer, move or otherwise appear in the above-captioned matter is extended to and including Monday, April 25, 2011. (Signed by Judge J. Frederick Motz on 3/22/2011) (jma) |
| Filing 4 AMENDED COMPLAINT amending #1 Complaint against Stefan Schuele, Kim Dreher, Mario Lopez, Melanie Rivera, Katrina Boyd, Angela Greathouse, Cornelius Jackson, David Simons, Lolita Dillard, Anne Stewart, Nissan Motor Co., LTD., with JURY DEMAND.Document filed by William Szymczak. Parties added. Amended Summons issued. Related document: #1 Complaint filed by William Szymczak.(ll) |
| Filing 3 WAIVER OF SERVICE RETURNED EXECUTED. Nissan North America Inc., waiver sent on 11/2/2010, answer due 1/1/2011. Document filed by William Szymczak. (Attachments: #1 Summons)(Graifman, Gary) |
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Filing 2
ORDER This case has been assigned to 1. Frederick Motz. Judge Motz is a District Judge in the District of Maryland, sitting by designation in the White Plains Division of the Southern District of New York, for the purpose of managing cases that would have been assigned to Judge Stephen Robinson until Judge Robinson's successor is appointed. (Signed by Judge J. Frederick Motz on 09/30/2010) (jma)
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| Filing 1 COMPLAINT against Nissan North America Inc.,. (Filing Fee $ 350.00, Receipt Number 914397)Document filed by William Szymczak.(ll) Modified on 10/4/2010 (ll). (Main Document 1 replaced on 10/8/2010) (rj). |
| SUMMONS ISSUED as to Nissan North America Inc.,. (ll) |
| Magistrate Judge Paul E. Davison is so designated. (ll) |
| Case Designated ECF. (ll) |
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