Bereda et al v. Nissan North America, Inc. et al

Plaintiff: Michelle Bereda, Angelene Hoeffken and Scott Neri
Defendant: Nissan North America, Inc. and Nissan Motor Co., Ltd.
Case Number: 3:2022cv00098
Filed: February 15, 2022
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Waverly D Crenshaw
2 Judge: Jeffery S Frensley
3 Judge: Alistair Newbern
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2023 Filing 16 MEMORANDUM AND ORDER: Pending before the Court is Defendant Nissan North America, Inc's ("Nissan N.A.") Motion to Dismiss. (Doc. No. #10 ). Plaintiffs, putative class representatives from California, North Carolina, and Ohio ("Plaintiffs") filed a response (Doc. No. #14 ), and Nissan N.A. replied (Doc. No. #15 ). This case is the third in a collection of three consolidated cases against Nissan N.A. and Nissan Motor Corporation alleging a multitude of claims related to the purported failures of the Forward Emergency Braking ("FEB") System in certain Nissan vehicles. The Court has already ruled on motions to dismiss in the other two cases, In re Nissan North America Litigation (Case No. 3:19-cv-843, Doc. Nos. 269, 270) and Kemp v. Nissan North America, Inc., et al. (Case No. 3:19-cv-584, Doc. Nos. 67, 68). For the reasons stated herein, Nissan N.A.'s Motion to Dismiss (Doc. No. #10 ) is DENIED. Signed by District Judge William L. Campbell, Jr on 03/17/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
June 9, 2022 Filing 15 REPLY to Response to re #10 MOTION to Dismiss Portions of Plaintiffs' Class Action Complaint filed by Nissan North America, Inc.. (Carpenter, Brigid)
May 20, 2022 Filing 14 RESPONSE in Opposition re #10 MOTION to Dismiss Portions of Plaintiffs' Class Action Complaint filed by Michelle Bereda, Angelene Hoeffken, Scott Neri. (Gastel, Benjamin)
May 6, 2022 Filing 13 ORDER granting #12 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for E. Paul Cauley, Jr. to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 05/06/2022. (lh)
May 2, 2022 Filing 12 MOTION for attorney E. Paul Cauley, Jr. to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3586284) by Nissan North America, Inc.. (Carpenter, Brigid)
April 20, 2022 TN State Bar status verified as active for Brigid M. Carpenter admitted to this court. (jm)
April 20, 2022 TX State Bar status verified as active for E. Paul Cauley, Jr. and Sherman Vance Wittie not admitted to this court - Local counsel secured. (jm)
April 20, 2022 NOTICE TO COUNSEL E. Paul Cauley, Jr., Sherman Vance Wittie: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 5/11/2022. (jm)
April 19, 2022 Filing 11 MEMORANDUM in Support of #10 MOTION to Dismiss Portions of Plaintiffs' Class Action Complaint filed by Nissan North America, Inc. . (Carpenter, Brigid)
April 19, 2022 Filing 10 MOTION to Dismiss Portions of Plaintiffs' Class Action Complaint by Nissan North America, Inc.. (Attachments: #1 Exhibit A - Warranty Booklet)(Carpenter, Brigid)
April 7, 2022 Case consolidated with 3:19-cv-0843 and 3:19-cv-0854 for pretrial purposes only per Order at DE 233 in case 3:19-cv-0843. (ln)
February 23, 2022 Filing 9 WAIVER OF SERVICE Returned Executed by Michelle Bereda, Scott Neri, Angelene Hoeffken. Nissan North America, Inc. waiver sent on 2/18/2022. (Gastel, Benjamin)
February 17, 2022 Filing 8 ORDER: This matter is related to In re Nissan North America, Inc. Litigation, Case No. 3:19-cv-00843, and Kemp v. Nissan North America, Inc. et al., Case No. 3:19-cv-00854, which are pending before Magistrate Judge Frensley. Accordingly, the Clerk's Office is DIRECTED to transfer this matter to Magistrate Judge Frensley for all future proceedings. The initial case management conference set on April 27, 2022, is CANCELLED and will be reset by Magistrate Judge Frensley. Signed by Magistrate Judge Alistair Newbern on 2/17/2022. (bs)
February 16, 2022 Filing 7 ORDER: Pursuant to Administrative Order No. 176, this action is transferred to U.S. District Judge William L. Campbell, Jr. as a "Related Case" to Civil Action Nos. 3:19-cv-00843 and 3:19-cv-00854. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/16/2022. (jm)
February 15, 2022 Filing 6 Summons issued as to Nissan Motor Co., Ltd. and Nissan North America, Inc. (Service copies to be picked up by counsel.) (jm)
February 15, 2022 Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 4/27/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (jm)
February 15, 2022 Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm)
February 15, 2022 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (jm)
February 15, 2022 Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (jm)
February 15, 2022 Filing 1 COMPLAINT against Nissan Motor Co., Ltd. and Nissan North America, Inc. (Filing fee $402, Receipt number 0650-3532666), filed by Michelle Bereda, Scott Neri, and Angelene Hoeffken. (Attachment: #1 Civil Cover Sheet)(jm)
February 15, 2022 TN State Bar status verified as active for James Gerard Stranch, IV and Benjamin A. Gastel; OH State Bar status verified as active for Alyson Steele Beridon admitted to this court. (jm) Modified on 2/15/2022 (jm).

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Plaintiff: Michelle Bereda
Represented By: Alyson S. Beridon
Represented By: Benjamin A. Gastel
Represented By: James Gerard Stranch, IV
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Plaintiff: Angelene Hoeffken
Represented By: Alyson S. Beridon
Represented By: Benjamin A. Gastel
Represented By: James Gerard Stranch, IV
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Plaintiff: Scott Neri
Represented By: Alyson S. Beridon
Represented By: Benjamin A. Gastel
Represented By: James Gerard Stranch, IV
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Defendant: Nissan North America, Inc.
Represented By: Brigid M. Carpenter
Represented By: E. Paul Cauley, Jr.
Represented By: Sherman Vance Wittie
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Defendant: Nissan Motor Co., Ltd.
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