ERIE INSURANCE COMPANY v. VOLKSWAGEN GROUP OF AMERICA, INC.
| ERIE INSURANCE COMPANY |
| VOLKSWAGEN GROUP OF AMERICA, INC. doing business as AUDI OF AMERICA |
| 1:2021cv00151 |
| February 24, 2021 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Contract Product Liability |
| 15 U.S.C. § 2301 |
| Both |
Docket Report
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Filing 21
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 4/9/2021; that the motion to withdraw, (Doc. #20 ), is GRANTED and that Attorney Paula M. Burlison is hereby withdrawn from representing Defendant. Remaining counsel of record for Defendant shall continue as counsel in this matter. (Sheets, Jamie) (Main Document 21 replaced on 4/9/2021 with correct pdf.) (Sheets, Jamie)
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| Filing 20 MOTION to Withdraw as Attorney PAULA M. BURLISON by on behalf of VOLKSWAGEN GROUP OF AMERICA, INC.. Responses due by 4/29/2021 (BURLISON, PAULA) |
| Filing 19 STIPULATED ORDER OF PROTECTION AS TO CONFIDENTIAL DATA AND DOCUMENTS signed by MAG/JUDGE L. PATRICK AULD on 4/6/2021 as set out herein. (Sheets, Jamie) |
| Motion Referred re: #18 Joint MOTION for Protective Order, to MAG/JUDGE L. PATRICK AULD. (Welch, Kelly) |
| Filing 18 Joint MOTION for Protective Order by VOLKSWAGEN GROUP OF AMERICA, INC.. Response to Motion due by 4/15/2021 (Attachments: #1 Exhibit [proposed] Stipulated Protective Order)(CROOMS-CARPENTER, ASHIA) |
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Filing 17
ORDER Appointing WAYNE P. HUCKEL, as the mediator. It is ordered that the order of March 16, 2021 appointing Arthur A. Vreeland as the mediator is rescinded. Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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| TEXT ORDER granting #16 Joint Motion to Substitute Mediator and substituting Wayne Huckel in place of Arthur Vreeland as mediator. Issued by MAG/JUDGE L. PATRICK AULD on 03/29/2021. (AULD, L.) |
| Motion Referred re: #16 JOINT MOTION to Substitute Mediator, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 16 Joint MOTION to Substitute Mediator by ERIE INSURANCE COMPANY. Response to Motion due by 4/14/2021 (Attachments: #1 Exhibit A)(HIRSCH, ALEXANDRA) |
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Filing 15
ORDER Appointing ARTHUR A. VREELAND, as the Mediator pursuant to LR 83.9d(b). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa) Modified on 3/30/2021 - RESCINDED pursuant to #17 Order. (Bond, Melisa).
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| TEXT ORDER adopting #14 Joint Rule 26(f) Report. Issued by MAG/JUDGE L. PATRICK AULD on 03/16/2021. (AULD, L.) |
| TEXT ORDER (A) terminating #13 Local Rule 5.5 Report, and (B) requiring the parties to file (on or before 03/23/2021) an amended Local Rule 5.5 Report either (i) certifying that the case will involve requests for the filing under seal of few documents (and therefore electing the default sealing procedures), or (ii) proposing alternative procedures to deal with the greater volume of documents as to which the parties expect to request sealing. See M.D.N.C. LR 5.4(b)(4); M.D.N.C. 5.4 comment.; M.D.N.C. LR 5.5. Issued by MAG/JUDGE L. PATRICK AULD on 03/16/2021. (AULD, L.) |
| Set Scheduling Order Deadlines: Discovery shall be placed on a case-management track in LR 26.1(a) as Complex. Discovery due by 11/30/2021. Mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Arthur A. Vreeland. Plaintiff's Amended Pleadings due by 5/31/2021. Defendant's Amended Pleadings due by 5/31/2021. Joinder of Parties for Plaintiff due by 5/31/2021. Joinder of Parties for Defendant due by 5/31/2021. The parties do not agree to jurisdiction of a Magistrate Judge. Trial of the action is expected to take approximately 3-4 days. A jury trial has been demanded. (Sheets, Jamie) |
| MEDIATION SCHEDULING ORDER; Mediation due by 7/30/2021. (Bond, Melisa) |
| Motions Referred: RE: #14 Rule 26(f) Report (Joint) filed by all parties, #13 L.R. 5.5 Report-Joint filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Filing 14 Rule 26(f) Report (Joint) filed by all parties by ERIE INSURANCE COMPANY.(REIS, JOHN) |
| Filing 13 L.R. 5.5 Report-Joint filed by all parties by ERIE INSURANCE COMPANY.(REIS, JOHN) |
| Filing 12 NOTICE of Attorney Appearance by attorney ALEXANDRA J. HIRSCH on behalf of Plaintiff ERIE INSURANCE COMPANY (HIRSCH, ALEXANDRA) |
| Filing 11 NOTICE of Special Appearance by attorney PAUL T. COLLINS on behalf of Defendant VOLKSWAGEN GROUP OF AMERICA, INC. ( Filing fee $ 25 receipt number 0418-2998793.) (COLLINS, PAUL) |
| Filing 10 NOTICE of Special Appearance by attorney PAULA M. BURLISON on behalf of Defendant VOLKSWAGEN GROUP OF AMERICA, INC. ( Filing fee $ 25 receipt number 0418-2998760.) (BURLISON, PAULA) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff ERIE INSURANCE COMPANY (REIS, JOHN) |
| Filing 8 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 3/29/2021 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Filing 7 ANSWER to #3 Complaint with Jury Demand by VOLKSWAGEN GROUP OF AMERICA, INC.. (CROOMS-CARPENTER, ASHIA) |
| Filing 6 Corporate Disclosure Statement by VOLKSWAGEN GROUP OF AMERICA, INC.. (CROOMS-CARPENTER, ASHIA) |
| Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form) (Hicks, Samantha) |
| Filing 4 Summons Issued as to VOLKSWAGEN GROUP OF AMERICA, INC. (Original filed in Moore County Superior Court, case number 21-CVS-62, issued 1/15/2021, and listed as Exhibit A to the #1 Petition for Removal) (Hicks, Samantha) |
| Filing 3 COMPLAINT against VOLKSWAGEN GROUP OF AMERICA, INC., filed by ERIE INSURANCE COMPANY. (Original filed in Moore County Superior Court, case number 21-CVS-62, and listed as Exhibit A to the #1 Petition for Removal) (Hicks, Samantha) |
| Filing 2 ECF 30 Day Notice as to Attorney ALEXANDRA J. HIRSCH. ECF 30 Day Notice due by 3/26/2021. (Hicks, Samantha) |
| Filing 1 PETITION FOR REMOVAL against Erie Insurance Company, as subrogee of Jonathan and Sarah Foster ( Filing fee $ 402 receipt number 0418-2994321.), filed by Volkswagen Group of America, Inc. d/b/a Audi of America. (Attachments: #1 Exhibit Ex. A - State Court Docs)(CROOMS-CARPENTER, ASHIA) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Hicks, Samantha) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha) |
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