Ayala et al v. Kia Motors Corporation et al
| Nelson Ayala and Jennifer Garcia |
| Jane Doe, John Doe, Hyundai Motor Company, Foreing Companies A, B & C and Kia Motors Corporation |
| 3:2019cv01150 |
| February 15, 2019 |
| US District Court for the District of Puerto Rico |
| Daniel R Dominguez |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 65
ORDER noted #64 Motion In Compliance. Signed by Judge Daniel R. Dominguez on 6/2/2021. (EA)
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| Filing 64 Motion In Compliance as to 63 Order on Motion to Compel,,, Order on Motion requesting Order,, 62 Order on Motion for Reconsideration,, filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 6/16/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 63 , 62 ) (Graffam, Keith) |
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Filing 63
ORDER granting #57 Motion to Compel; and granting #60 Motion requesting Order. The discovery that is to be produced by the Defendant is that which is solely related to "changes KIA made to the frontal structure to improve the small overlap frontal crash test performance in the KIA Soul," as this is the only matter that may be supplemented by the expert witness in his report. Discovery due by 6/2/2021. Mr. Leiss' Supplemental Report due by 6/17/2021. THIS DEADLINE IS FINAL. Signed by Judge Daniel R. Dominguez on 5/28/2021. (EA)
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Filing 62
ORDER granting in part and denying in part #56 Motion for Reconsideration. The Court will allow Plaintiff's expert witness to supplement his report but only as to the redesigned frontal structure of the non-related 2014-2015 Kia Soul vehicle model in a small overlap frontal crash as this was the only matter raised by Plaintiffs by reconsideration. See Docket No. 51 . Accordingly, Plaintiffs are to produce Mr. Leiss personally for a supplemental deposition, and shall cover all costs of the same. Signed by Judge Daniel R. Dominguez on 5/28/2021. (EA)
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Filing 61
ORDER granting #59 Motion requesting Order. The Court begins by noting that "[a] party has a general duty to preserve relevant evidence one it has notice of or reasonably foresees litigation... The duty to preserve material evidence arises not only during litigation but also extends to that period before the litigation when a party reasonably should know that the evidence may be relevant to anticipated litigation." Calderon v. Corporacion Puertorriquena de Salud, 992 F.Supp. 2d 48, 51 (D.Puerto Rico 2014)(citing Silvestri v. Gen. Motors Corp., 271 F.3d 583, 591 (4th Cir. 2001). Plaintiff has been ordered on several occasions to properly respond to the Defendant's relevant and pertinent discovery requests. Plaintiff even filed a Motion in Compliance (Docket No. #53 ) certifying that they have complied with the Court's order. The Court deems otherwise. As Plaintiff's expert has denied knowledge as to essential elements regarding the moving of the vehicle, the condition of the vehicle when moved before conducting the inspection, the conversations that were held while he has at the salvage yard, as he does not speak Spanish, the fact that he did not take photographs of the vehicle prior to the inspection, the fact that the engine was no longer part of the vehicle and after it was moved it was no longer in one piece, clearly demonstrates that Mr. Leiss has no personal knowledge of the facts, discussions and events that transpired during Plaintiff's ex parte inspection, contrary to Plaintiff's assertion when responding to the discovery requests. As it is evident that the person with such knowledge is Plaintiff's counsel, the Court will give counsel one last opportunity to supplement the information and documentation provided to the Defendant. Failure to properly respond to the Defendant's discovery requests could entail severe sanctions. Supplemental responses as to all outstanding discovery controversies are due by 6/11/2021. Signed by Judge Daniel R. Dominguez on 5/28/2021. (EA)
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| Filing 60 Emergency MOTION requesting Order filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 6/10/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Jimenez, Michelle) |
| Filing 59 Second MOTION requesting Order to Compel Discovery Responses filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 5/24/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, Deposition Peter Leiss, #2 Exhibit B, Deposition Nelson Ayala)(Graffam, Keith) |
| Filing 58 RESPONSE in Opposition to Motion to Compel filed by Kia Motors Corporation Re: #57 MOTION to Compel filed by Jennifer Garcia, Nelson Ayala filed by Kia Motors Corporation. (Attachments: #1 Exhibit A, Email 11/19/20, #2 Exhibit B, Deposition Leiss 4/21/21)(Graffam, Keith) Modified on 5/6/2021 to remove italics (gav). |
| Filing 57 MOTION to Compel filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 5/17/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Jimenez, Michelle) |
| Filing 56 MOTION for Reconsideration re 55 Order on Motion for Reconsideration, filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 5/14/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, Emails, #2 Exhibit B, Deposition Peter Leiss)(Related document(s) 55 ) (Graffam, Keith) |
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Filing 55
ORDER granting #52 Motion for Reconsideration. In the best interest of justice, the Court will allow Plaintiff's Supplemental Expert Report. The Supplemental Expert Report is to be produced within the next thirty (30) days, namely, by 5/27/2021. No further extensions will be allowed unless an appropriate showing of good cause is made by Plaintiff. Signed by Judge Daniel R. Dominguez on 4/27/2021. (EA)
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Filing 54
ORDER noted #53 Motion In Compliance. Signed by Judge Daniel R. Dominguez on 4/27/2021. (EA)
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| Filing 53 Motion In Compliance as to 51 Order on Motion to Compel filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs. Responses due by 5/10/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Related document(s) 51 ) (Ramos-Jimenez, Michelle) Modified on 4/27/2021 to edit text (gav). |
| Filing 52 MOTION for Reconsideration re 50 Order on Informative Motion,,,,, Order on Motion for Extension of Time,,,, filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 4/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Related document(s) 50 ) (Ramos-Jimenez, Michelle) |
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Filing 51
ORDER granting #36 Motion to Compel; noted #43 Motion In Compliance. Rule 26(b) of Civil Procedure allows a broad range of discovery, to wit, "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable." Fed.R.Civ.P. 26(b)(1). "On the contrary, the party resisting discovery 'must show specifically how... each interrogatory [or request for production] is not relevant or how each question is overly broad, burdensome or oppressive." Snchez-Medina v. UNICCO Serv. Co., 265 F.R.D. 24, 27 (D.P.R. 2009)(quoting St. Paul Reinsurance Co. v. Commercial Fin. Corp., 198 F.R.D. 508, 511-12 (N.D. Iowa). Upon a careful review of the Defendants' request, the Court finds that Plaintiffs responses to each of the objections raised are insufficient. More importantly, the discovery sought by the Defendants is relevant and pertinent to the instant controversy. There is an obligation to properly respond to the discovery requests that must be met by Plaintiffs in order for the instant case to move forward. Accordingly, Plaintiffs are to supplement their answers to written discovery and production of documents within the next twenty (20) days, namely, by 4/26/2021. In the event that no additional information is available, Plaintiffs are required to certify so under penalty of perjury. Discovery that is not timely produced will not be allowed to be used should the instant case proceed to trial. Failure to comply with the instant Order may entail sanctions. Signed by Judge Daniel R. Dominguez on 4/6/2021. (EA)
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Filing 50
ORDER noted #48 INFORMATIVE motion; and denying #48 Motion for extension of time. Generally, motions of extension of time can only be entertained in the following instances: "(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (2) on motion made after the time has expired if the party failed to act because of excusable neglect." Fed.R.Civ.P. 6(b)(1). Pursuant to the Scheduling Order amended on 11/25/2020, Peter Leiss' Supplemental Expert Report was due on 3/22/2021. Yet, the Defendants failed to timely request an extension for said deadline, while also raising untimely arguments that were misleading in order to justify the request. See Docket No. 49, Exhibits 1 and 2. Therefore, as the Defendants have failed to demonstrate that their failure to act was due to an excusable neglect, the request for extension of time to supplement Peter Leiss' expert report is hereby DENIED. to Signed by Judge Daniel R. Dominguez on 4/6/2021. (EA)
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| Filing 49 RESPONSE in Opposition to Motion filed by Kia Motors Corporation Re: #48 INFORMATIVE Motion regarding Discovery MOTION for extension of time until Discovery to Produce Supplemental Expert's Report filed by Jennifer Garcia, Nelson Ayala. (Attachments: #1 Exhibit A, Email 2/22/21, #2 Exhibit B, Email 2/25/21, #3 Exhibit C, Email 11/19/20, #4 Exhibit D, Email 3/24/21)(Graffam, Keith) Modified on 3/29/2021 edit text (gav). |
| Filing 48 INFORMATIVE Motion regarding Discovery, MOTION for extension of time until Discovery to Produce Supplemental Expert's Report filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 4/8/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Jimenez, Michelle) |
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Filing 47
ORDER noted #46 Motion In Compliance. Signed by Judge Daniel R. Dominguez on 2/18/2021. (EA)
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| Filing 46 Motion In Compliance as to 41 Order on Motion for Leave to File Spanish language documents filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 3/4/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Certified Translation)(Related document(s) 41 ) (Ramos-Jimenez, Michelle) |
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Filing 45
ORDER noted #44 Motion In Compliance. Signed by Judge Daniel R. Dominguez on 2/17/2021. (EA)
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| Filing 44 Motion In Compliance of Court Order informing production of crash test videos to plaintiffs filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 2/26/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Graffam, Keith) Modified on 2/16/2021 remove italics (gav). |
| Filing 43 Motion In Compliance with Court Order Regarding KMC's Motion to Compel Discovery Responses as to 42 Order, filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 2/26/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 42 ) (Graffam, Keith) Modified on 2/16/2021 remove italics (gav). |
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Filing 42
ORDER re #36 Motion to Compel Discovery Responses. In view of the fact that Plaintiffs produced several documents on 2/3/2021, the Court hereby orders the Defendants to advise whether such production fulfills its prior request, and whether any further intervention of the Court is warranted. Motion in compliance with this Order due by 2/16/2021. Signed by Judge Daniel R. Dominguez on 2/10/2021. (EA)
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Filing 41
ORDER granting #39 Motion for Leave to File Spanish language documents. Certified translations due by 2/18/2021. Signed by Judge Daniel R. Dominguez on 2/10/2021. (EA)
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Filing 40
ORDER noted #38 Motion In Compliance. Signed by Judge Daniel R. Dominguez on 2/10/2021. (EA)
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| Filing 39 MOTION for Leave to File Spanish language documents at Docket # 38 filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 2/17/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Jimenez, Michelle) Modified on 2/4/2021 remove italics (gav). |
| Filing 38 Motion In Compliance with Order at Docket #37 filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs. Responses due by 2/17/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Universal's Memorandum, #2 Exhibit Defendant KMC Letter dated December 23, 2019, #3 Exhibit Receipt)(Ramos-Jimenez, Michelle) Modified on 2/4/2021 remove italics (gav). |
| Filing 37 Minute Entry for proceedings held before Judge Daniel R. Dominguez: Status Conference held on 1/22/2021. Response to Motion to Compel Discovery due by 2/3/2021. Plaintiff is to produce all discovery mentioned in the Minutes by 2/5/2021. Defendant is to produce the crash testing and videos by 2/22/2021. See attached Minutes of Proceedings for further details. (EA) Modified on 1/26/2021 as to filing date (gav). |
| Filing 36 MOTION to Compel Discovery Responses filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 2/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, Letter 5/15/20, #2 Exhibit B, Letter 9/29/20, #3 Exhibit C, Letter 12/11/20, #4 Exhibit D, Email 7/8/19, #5 Exhibit E, Partial Deposition Transcript, #6 Exhibit F, Sworn Statement)(Graffam, Keith) Modified on 1/21/2021 remove italics (gav). |
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Filing 35
ORDER denying without prejudice #27 Motion to Compel. As Plaintiffs failed to advise within the thirty (30) day deadline imposed by Order whether further intervention from the Court was required as to the Motion to Compel, the Court hereby DENIES said motion WITHOUT PREJUDICE. Should the Court's intervention be required by the parties, a motion shall so be filed. The Court expects that matters related to discovery can be resolved without its intervention hereinafter. Signed by Judge Daniel R. Dominguez on 1/7/2021. (EA)
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Filing 34
ORDER granting #33 Motion to Amend/Correct. The Scheduling Order is hereby amended as follows: Plaintiffs' Supplement to Answers to Written Discovery due by 11/20/2020. Plaintiffs' Second Set of Written Discovery is to be served upon Kia Motors Corp. by 11/23/2020. Kia Motors' responses to Written Discovery due by 2/22/2021. Peter Leiss' Supplemental Expert Report due by 3/22/2021. Peter Leiss' Deposition is to be held on 4/21/2021 or 4/22/2021 in person at Pennsylvania. Kia Motors will announce and produce the report(s) of its expert witness(es) within 60 days after the taking of the deposition of plaintiffs' expert witness, on or before 6/22/2021. Defendant's expert witness(es) will be deposed by Plaintiffs on the week of August 9-13/2021, conditioned upon availability at a location to be mutually agreed by the parties. Discovery due by 10/8/2021. A Settlement Conference is hereby SET for 10/20/2021 at 2:00 p.m. in Judge Dominguez's Chambers at the Old San Juan Courthouse. Dispositive Motions now due by 11/22/2021. Responses thereto now due by 12/22/2021. Replies and Surreplies are authorized and must conform with PRD Local Rule 7. Signed by Judge Daniel R. Dominguez on 11/25/2020. (EA)
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| Filing 33 MOTION to Amend/Correct Scheduling Memorandum Re: 31 Status Conference filed by Keith A. Graffam on behalf of Kia Motors Corporation. Responses due by 12/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 31 ) (Graffam, Keith) Modified on 11/24/2020 edit text (gav). |
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Filing 32
ORDER holding in abeyance #27 Motion to Compel. The instant motion is hereby held in abeyance pursuant to the parties' request during the Status Conference. Plaintiffs are to inform the Court within the next 30 days whether further intervention of the Court as to this matter is warranted. Signed by Judge Daniel R. Dominguez on 11/17/2020. (EA)
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| Filing 31 Minute Entry for proceedings held before Judge Daniel R. Dominguez: Status Conference held on 11/17/2020. The conference began at 2:09 p.m. ending at 3:15 p.m. Present on behalf of Plaintiffs, Atty. Michelle Annet Ramos-Jimenez and on behalf of Defendants, Attys. Brian P. Crosby and Keith A. Graffam. At the onset, the Court inquired the parties as to the status of the discovery. The parties explained their positions as to several ongoing discovery disputes. The Court then allowed the parties to meet and try to confer as to all pending matters. As a result thereof, the parties agreed to request the Defendants' Motion to Compel to be held in abeyance pending Plaintiffs' supplement to their answers of written discovery, which are now due by Friday, November 20, 2020. Plaintiffs are to submit to the Defendants the objections to written discovery by 12/4/2020. The parties are to jointly submit a Joint Amended Schedule Memorandum by 12/4/2020. In said motion, the parties are to propose three (3) available dates to schedule a Settlement Conference during the month of October 2021. A Status Conference is hereby SET for 1/22/2021 at 02:00 PM by Video Teleconference before Judge Daniel R. Dominguez. Instructions to access the VTC Bridge will be provided subsequently. (EA) |
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Filing 30
ORDER. A Status Conference is hereby SET for 11/17/2020 at 02:00 PM by Video Teleconference ("VTC") before Judge Daniel R. Dominguez. Instructions to access the VTC Bridge will be provided subsequently. Signed by Judge Daniel R. Dominguez on 11/9/2020. (EA)
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Filing 29
ORDER noting #25 Informative Motion; granting #25 Motion requesting Order; and holding in abeyance #27 Motion to Compel Discovery. Pursuant to the Defendant's request, the Settlement Conference previously set for 11/17/2020 is hereby CONVERTED to a Status Conference. The conference will be held by Video Teleconference ("VTC"). Instructions to access the VTC Bridge will be provided subsequently. The parties are to be prepared to discuss the arguments set forth in the motion to compel filed by the defendants and the responses thereto. The Court expects to resolve all discovery disputes during the Conference. Signed by Judge Daniel R. Dominguez on 11/9/2020. (EA)
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Filing 28
ORDER granting #24 Motion for Miscellaneous Relief. Due to the nature of the instant suit, the Second Set of Interrogatories and Production of Documents is hereby authorized and must conform with all applicable rules. Signed by Judge Daniel R. Dominguez on 11/9/2020. (EA)
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| Filing 27 MOTION to Compel Discovery Responses filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 11/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, Letter 5/15/20, #2 Exhibit B, Letter 9/29/20, #3 Exhibit C, Email 7/8/19, #4 Exhibit D, Partial Deposition transcript plaintiff Nelson Ayala, #5 Exhibit E, Cesin y Traspaso de Derechos)(Graffam, Keith) Modified on 11/9/2020 change italics (gav). |
| Filing 26 RESPONSE in Opposition to Motion requesting leave to propound belated written discovery filed by Kia Motors Corporation Re: #24 MOTION Leave to Propound Second Set of Interrogatories and Production of Documents filed by Jennifer Garcia, Nelson Ayala filed by Kia Motors Corporation. (Graffam, Keith) Modified on 11/9/2020 change italics (gav). |
| Filing 25 INFORMATIVE Motion regarding discovery, MOTION requesting Order to convert scheduled settlement conference to status conference filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 11/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Graffam, Keith) Modified on 11/9/2020 change italics (gav). |
| Filing 24 MOTION Leave to Propound Second Set of Interrogatories and Production of Documents filed by Michelle Annet Ramos-Jimenez on behalf of All Plaintiffs Responses due by 11/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Jimenez, Michelle) |
| Filing 23 ***RESTRICTED*** SUBPOENA Returned Executed on 10/1/2020 (Ramos-Jimenez, Michelle) |
| Filing 22 ***RESTRICTED*** SUBPOENA Returned Executed on 10/1/2020 (Ramos-Jimenez, Michelle) |
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Filing 21
ORDER granting #20 Motion for Protective Order. See attached document for further details. Signed by Judge Daniel R. Dominguez on 4/23/2020. (EA)
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| Filing 20 Consent MOTION for Protective Order filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 5/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Graffam, Keith) |
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Filing 19
SCHEDULING ORDER/CASE MANAGEMENT ORDER: See attached document. The Settlement Conference scheduled for 11/17/2020 is SET to begin at 03:00 PM in Judge Dominguez' Chambers. Signed by Judge Daniel R. Dominguez on 1/29/2020. (EA)
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| Filing 18 Minute Entry for proceedings held before Judge Daniel R. Dominguez:Initial Scheduling Conference held on 1/29/2020. The conference began at 2:31 p.m. ending at 2:50 p.m. Present on behalf of Plaintiffs, Atty. Michelle Ramos-Jimenez and on behalf of Defendants, Attys. Keith A. Graffam and Brian Crosby. The parties agreed to the following deadlines: Discovery cut-off date November 2, 2020. Dispositive Motions due by December 15, 2020. Oppositions thereto due by January 18, 2021. Replies and Surreplies are authorized and must conform with PRD Local Rule 7. A Settlement Conference is hereby SET for November 17, 2020 at 3:00 p.m. in Judge Dominguez' Chambers at the Old San Juan Courthouse. Party representatives with decision-making authority are to be available in person or by telephone to aid in the negotiations. (EA) Modified on 1/29/2020 as to time of settlement conference (gav). |
| Filing 17 INITIAL SCHEDULING CONFERENCE MEMORANDUM by All Plaintiffs. (Ramos-Jimenez, Michelle) |
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Filing 16
ORDER noting and granting #15 INFORMATIVE motion. Initial Scheduling Conference is hereby SET for 1/29/2020 at 02:00 PM in Judge Dominguez' Chambers at the Old San Juan Courthouse before Judge Daniel R. Dominguez. Initial Scheduling Memoranda due by 1/15/2020. Signed by Judge Daniel R. Dominguez on 1/9/2020. (EA)
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| Filing 15 Joint INFORMATIVE Motion regarding Rule 26(f) Conference and Agreed Discovery Plan filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 1/3/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Graffam, Keith) |
| Filing 14 KMC's ANSWER to #4 Amended Complaint , COUNTERCLAIM against Nelson Ayala filed by Keith A. Graffam on behalf of Plaintiff Nelson Ayala.(Graffam, Keith) Modified on 10/7/2019 edit text (gav). |
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Filing 13
ORDER granting #12 Motion to Appear PHV. The Court, having considered Brian Crosby's Application for Admission Pro Hac Vice as counsel for defendant, Kia Motors Corporation, orders that the application be GRANTED. The Clerk of the Court shall deposit the admission fee to the account of Non-Appropriated Funds of the Court. Signed by Judge Daniel R. Dominguez on 9/11/2019. (EA)
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| Filing 12 Motion to allow Brian Crosby to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6584039) filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 9/25/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A Courts Admitted, #2 Exhibit B Certificate of Good Standing)(Graffam, Keith) |
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Filing 11
ORDER noted #9 Motion for Leave to Appear; and granting #9 Motion for Extension of Time to Answer. Kia Motors Corporation is to answer the complaint or otherwise plead by 11/8/2019. Signed by Judge Daniel R. Dominguez on 9/9/2019. (EA)
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| Filing 10 Corporate Disclosure Statement byKia Motors Corporation. (Graffam, Keith) |
| Filing 9 MOTION for Leave to Appear , MOTION for Extension of Time until November 8, 2019 to File Answer filed by Keith A. Graffam on behalf of Kia Motors Corporation Responses due by 9/23/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Graffam, Keith) |
| Filing 8 SUMMONS Returned Executed by All Plaintiffs upon Hyundai Motor Company served on 7/1/2019, answer due 7/22/2019; Kia Motors Corporation served on 7/1/2019, answer due 7/22/2019. (Attachments: #1 Summons Served) (Ramos-Jimenez, Michelle) |
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Filing 7
PARTIAL JUDGMENT. Pursuant to plaintiffs' Notice of Voluntary Dismissal (Dkt. No. #6 ), the Court hereby DISMISSES all causes of action against codefendant, Hyundai Motor Company WITHOUT PREJUDICE. See Fed.R.Civ.P. 41(a)(1)(i). THE INSTANT MATTER NOW CLOSED FOR ALL ADMINISTRATIVE AND STATISTICAL PURPOSES. IT IS SO ORDERED, ADJUDGED AND DECREED. Signed by Judge Daniel R. Dominguez on 8/26/2019. (EA)
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| Filing 6 NOTICE of Voluntary Dismissal by Nelson Ayala, Jennifer Garcia (Ramos-Jimenez, Michelle) |
| Filing 5 Summons Issued as to Hyundai Motor Company and Kia Motors Corporation. (Attachments: #1 Summons in a Civil Action) (rim) |
| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Nelson Ayala, Jennifer Garcia. (Attachments: #1 Summons 1, #2 Summons 2)(Ramos-Jimenez, Michelle) |
| Filing 3 Summons Issued as to Hyundai Motor Company, Kia Motors Corporation (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Daniel R. Dominguez (arg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6271990.), filed by Nelson Ayala, Jennifer Garcia. Service due by 5/16/2019, (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Civil Cover Sheet, #6 Category Sheet)(Ramos-Jimenez, Michelle) |
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