Martinez et al v. Nissan North America Inc.
| Minerva Martinez, Sandra Scott, Carl Graham, Anne Parys, David Ortiz, Sean Chambers and Tiffany James |
| Nissan North America Inc. |
| 3:2022cv00354 |
| May 16, 2022 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Aleta A Trauger |
| Contract Product Liability |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
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| Filing 88 Transcript (Fairness Hearing) filed for date of March 20, 2023, before Judge Eli J. Richardson. Court Reporter: Debbie Watson, 615-403-6893, debbie_watson@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 5/15/2023. Redaction Request due 5/30/2023. Redacted Transcript Deadline set for 6/8/2023. Release of Transcript Restriction set for 8/7/2023. (Watson, Debbie) |
Filing 87
ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEYS FEES, COSTS, EXPENSES AND REPRESENTATIVE SERVICE AWARDS in favor of Anne Parys, Carl Graham, David Ortiz, Minerva Martinez, Sandra Scott, Sean Chambers, Tiffany James against Nissan North America Inc., ORDER DISMISSING CASE. Signed by District Judge Eli J. Richardson on 03/22/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad).
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Filing 86
ORDER granting #79 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Payam Shahian to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 03/21/2023. (lh)
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| Filing 85 Consent MOTION Entering the proposed Order and Judgment by Nissan North America Inc.. (Attachments: #1 Attachment Proposed Order and Judgment Granting Final Approval)(Cauley, E.) |
| Filing 84 NOTICE by Guadalupe Martines Solano, Filomeno Estanislao Vargas re #80 Objections,,,,, Notice of Withdrawal of Objections by Guadalupe Solan and Filomeno Vargas (Bowen, Jay) |
| Filing 83 RESPONSE filed by Nissan North America Inc. re #80 Objections,,,,, filed by Sandra Scott, Sean Chambers, Anne Parys, Carl Graham, Minerva Martinez, David Ortiz, Tiffany James . (Cauley, E.) |
| Minute Entry for proceedings held before District Judge Eli J. Richardson: Fairness Hearing held on 3/20/2023. (Court Reporter Debbie Watson.) (Hearing lasted 1:18)(Jackson, Julie) |
| Filing 82 MOTION Request for Judicial Notice in Support of Objections to Final Approval of Class Action Settlement and Request for Supplemental Class Notice with Spanish Translation and Notice to Class Members with Pending Litigation Against Defendant Nissan North America re #80 Objections,,,,, by Guadalupe Martines Solano, Filomeno Estanislao Vargas. (Attachments: #1 Exhibit Long Form Spanish Language of Notice of Proposed Agreement, #2 Exhibit Request to be excluded, #3 Exhibit Request to be excluded, #4 Exhibit Request to be excluded, #5 Exhibit Request to be excluded, #6 Exhibit Request to be excluded, #7 Exhibit Request to be excluded, #8 Exhibit Request to be excluded, #9 Exhibit Request to be excluded, #10 Exhibit Request to be excluded, #11 Exhibit Request to be excluded, #12 Exhibit Request to be excluded, #13 Exhibit Request to be excluded, #14 Exhibit Request to be excluded, #15 Exhibit Request to be excluded, #16 Exhibit Request to be excluded, #17 Exhibit Request to be excluded, #18 Exhibit Request to be excluded, #19 Exhibit Request to be excluded, #20 Exhibit Request to be excluded, #21 Exhibit Request to be excluded, #22 Exhibit Request to be excluded, #23 Exhibit Request to be excluded, #24 Exhibit Request to be excluded, #25 Exhibit Request to be excluded, #26 Exhibit Request to be excluded, #27 Exhibit Request to be excluded, #28 Exhibit Request to be excluded, #29 Exhibit Request to be excluded, #30 Exhibit Request to be excluded, #31 Exhibit Request to be excluded, #32 Exhibit Request to be excluded, #33 Exhibit Request to be excluded, #34 Exhibit Request to be excluded, #35 Exhibit Request to be excluded, #36 Exhibit Request to be excluded, #37 Exhibit Request to be excluded, #38 Exhibit Request to be excluded, #39 Exhibit Request to be excluded, #40 Exhibit Request to be excluded, #41 Exhibit Request to be excluded, #42 Exhibit Request to be excluded, #43 Exhibit Request to be excluded, #44 Exhibit Request to be excluded, #45 Exhibit Request to be excluded, #46 Exhibit Request to be excluded, #47 Exhibit Request to be excluded, #48 Exhibit Request to be excluded, #49 Exhibit Request to be excluded, #50 Exhibit Request to be excluded, #51 Exhibit Request to be excluded, #52 Exhibit Request to be excluded, #53 Exhibit Request to be excluded, #54 Exhibit Request to be excluded, #55 Exhibit Request to be excluded, #56 Exhibit Request to be excluded, #57 Exhibit Request to be excluded, #58 Exhibit Request to be excluded, #59 Exhibit Request to be excluded, #60 Exhibit Request to be excluded, #61 Exhibit Request to be excluded, #62 Exhibit Request to be excluded, #63 Exhibit Request to be excluded, #64 Exhibit Request to be excluded, #65 Exhibit Request to be excluded, #66 Exhibit Request to be excluded, #67 Exhibit Request to be excluded, #68 Exhibit Request to be excluded, #69 Exhibit Request to be excluded, #70 Exhibit Request to be excluded, #71 Exhibit Request to be excluded, #72 Exhibit Request to be excluded, #73 Exhibit Request to be excluded, #74 Exhibit Request to be excluded, #75 Exhibit Request to be excluded, #76 Exhibit Request to be excluded, #77 Exhibit Request to be excluded, #78 Exhibit Request to be excluded, #79 Exhibit Request to be excluded, #80 Exhibit Request to be excluded, #81 Exhibit Request to be excluded, #82 Exhibit Request to be excluded, #83 Exhibit Request to be excluded, #84 Exhibit Request to be excluded, #85 Exhibit Request to be excluded, #86 Exhibit Request to be excluded, #87 Exhibit Request to be excluded, #88 Exhibit Request to be excluded, #89 Exhibit Request to be excluded, #90 Exhibit Request to be excluded, #91 Exhibit Request to be excluded, #92 Exhibit Request to be excluded, #93 Exhibit Request to be excluded, #94 Exhibit Request to be excluded, #95 Exhibit Request to be excluded, #96 Exhibit Request to be excluded, #97 Exhibit Request to be excluded, #98 Exhibit Request to be excluded, #99 Exhibit Request to be excluded, #100 Exhibit Request to be excluded, #101 Exhibit Request to be excluded, #102 Exhibit Request to be excluded, #103 Exhibit Request to be excluded, #104 Exhibit Request to be excluded, #105 Exhibit Request to be excluded, #106 Exhibit Request to be excluded, #107 Exhibit Request to be excluded)(Bowen, Jay) |
| Filing 81 DECLARATION of Lana Cooper - Third Supplemental Declaration Re: Exclusion Requests filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Edwards, Adam) |
| TN State Bar status verified as active for Jacob T. Clabo admitted to this court. (ad) |
| TN State Bar status verified as active for Jay Scott Bowen admitted to this court. (ad) |
| CA State Bar status verified as active for Payam Shahian not admitted to this court - Local counsel secured. (ad) |
| Filing 80 OBJECTIONS to Final Approval of Class Action Settlement and Ex Parte Request for Supplemental Class Notice with Spanish Translation and Notice to Class Members with Pending Litigation Against Defendant Nissan North America filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re #48 Motion for Settlement,. (Attachments: #1 Attachment Filomeno Vargas Declaration, #2 Attachment Guadalupe Solano Declaration, #3 Attachment Payam Shahian Declaration, #4 Exhibit Exhibit 1 to Payam Shahian Declaration, #5 Exhibit Exhibit 2 to Payam Shahian Declaration, #6 Exhibit Exhibit 3 to Payam Shahian Declaration, #7 Exhibit Exhibit 4 to Payam Shahian Declaration, #8 Exhibit Exhibit 5 to Payam Shahian Declaration, #9 Exhibit Exhibit 6 to Payam Shahian Declaration, #10 Exhibit Exhibit 7 to Payam Shahian Declaration, #11 Exhibit Exhibit 8 to Payam Shahian Declaration, #12 Exhibit Exhibit 9 to Payam Shahian Declaration, #13 Exhibit Exhibit 10 to Payam Shahian Declaration, #14 Exhibit Exhibit 11 to Payam Shahian Declaration, #15 Exhibit Exhibit 12 to Payam Shahian Declaration, #16 Exhibit Exhibit 13 to Payam Shahian Declaration, #17 Exhibit Exhibit 14 to Payam Shahian Declaration, #18 Exhibit Exhibit 15 to Payam Shahian Declaration, #19 Exhibit Exhibit 16 to Payam Shahian Declaration, #20 Exhibit Exhibit 17 to Payam Shahian Declaration)(Bowen, Jay) |
| Filing 79 MOTION for attorney Payam Shahian to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3784420) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Bowen, Jay) |
| Filing 78 NOTICE of Appearance by Jacob T. Clabo on behalf of All Plaintiffs (Clabo, Jacob) |
| Filing 77 NOTICE of Appearance by Jay Scott Bowen on behalf of All Plaintiffs (Bowen, Jay) |
| Filing 76 RESPONSE in Support re #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc. filed by Nissan North America Inc.. (Hicks, John) |
| Filing 75 DECLARATION of John S. Hicks filed by Nissan North America Inc. re: #74 Response (Non-Motion or 2255 Petition),. (Attachments: #1 Exhibit A - Cappello Objection, #2 Exhibit B - Vinson Objection)(Hicks, John) |
| Filing 74 RESPONSE filed by Nissan North America Inc. re #48 Motion for Settlement, filed by Sandra Scott, Sean Chambers, Anne Parys, Carl Graham, Minerva Martinez, David Ortiz, Tiffany James to Objections to Final Approval of the Class Action Settlement. (Hicks, John) |
| Filing 73 DECLARATION of Melissa S. Weiner in Support of Plaintiffs' Response in Support of Final Approval of Class Action Settlement filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #72 Response in Support of Motion,, #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards. (Attachments: #1 Exhibit EX A - Cappello Objection, #2 Exhibit EX B - Vinson Objection, #3 Exhibit EX C - Cappello Decl, #4 Exhibit EX D - Bennett Decl)(Coleman, Gregory) |
| Filing 72 RESPONSE in Support re #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards Plaintiffs' Response in Support of Final Approval of Class Action Settlement filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Coleman, Gregory) |
| Filing 71 DECLARATION of Lana Cooper (Second Supplemental Declaration Re: Exclusion Requests) filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Coleman, Gregory) |
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Filing 70
ORDER granting #69 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Bradley J. Andreozzi to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 03/02/2023. (lh)
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| IL State Bar status verified as active for Bradley J. Andreozzi not admitted to this court - Local counsel secured. (ad) |
| TN State Bar status verified as active for John S. Hicks admitted to this court. (ad) |
| Filing 69 MOTION for attorney Bradley J. Andreozzi to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3773104) by Nissan North America Inc.. (Attachments: #1 Attachment - Certificate of Good Standing)(Hicks, John) |
| Filing 68 DECLARATION of Lana Cooper Re: Exclusion Requests filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Opt Out Report)(Coleman, Gregory) |
| Filing 67 Letter from Duane Cox. (ad) |
| Filing 66 Letter from Da'Lisa Bennett. (ad) |
| Filing 65 Letter from Patricia Robbins. (ad) |
| Filing 64 Letter from Mark Nieto. (ad) |
| Filing 63 DECLARATION of Lana Cooper - Supplemental Declaration Re: Notice Procedures filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #53 Declaration,,,. (Coleman, Gregory) |
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Filing 62
ORDER granting #47 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Michael H. Pearson to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 01/23/2023. (lh)
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| Filing 61 RECEIPT #34675068217 in the amount of $150.00 re #47 Michael H. Pearson's Motion for Pro HOC Vice (ad) |
| Filing 60 Additional Attachments to Main Document re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards. (Coleman, Gregory) |
| Filing 59 DECLARATION of Gregory F. Coleman filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. A - Milberg Coleman Bryson Phillips Grossman, PLLC Firm Resume)(Coleman, Gregory) |
| Filing 58 DECLARATION of Tarek H. Zohdy filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. 1 - Capstone Law APC Firm Resume)(Coleman, Gregory) |
| Filing 57 DECLARATION of Lawrence Deutsch filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. 1 - Berger Montague Firm Resume)(Coleman, Gregory) |
| Filing 56 DECLARATION of Norberto J. Cisneros filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. 1 - Maddox & Cisneros Firm Resume)(Coleman, Gregory) |
| Filing 55 DECLARATION of Natalie Finkelman Bennett filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. 1 Miller Shaw Firm Resume)(Coleman, Gregory) |
| Filing 54 DECLARATION of Melissa S. Weiner filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. 1 - Pearson Warshaw Firm Resume)(Coleman, Gregory) |
| Filing 53 DECLARATION of Lana Cooper Re: Notice Procedures filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #49 Memorandum in Support, #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc.. (Attachments: #1 Exhibit Ex. A - CAFA Notice Packet, #2 Exhibit Ex. B -the U.S. Attorney General, the Attorneys General of individual states and the District of Columbia, and the five recognized U.S. Territories, as well as parties of interest to this Action, #3 Exhibit Ex. C - Supplemental CAFA Notice Letter, #4 Exhibit Ex. D - Summary Notice, #5 Exhibit Ex. E - Fleet Notice)(Coleman, Gregory) |
| Filing 52 DECLARATION of Lee M. Bowron filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc., #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards, #51 Memorandum in Support, #49 Memorandum in Support,. (Attachments: #1 Exhibit Ex. 1 - Report Supporting Declaration of Lee M. Bowron)(Coleman, Gregory) |
| Filing 51 MEMORANDUM in Support of #50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott . (Coleman, Gregory) |
| Filing 50 MOTION for Attorney Fees Plaintiffs' Motion for Attorneys' Fees, Costs, and Class Representative Service Awards by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Coleman, Gregory) |
| Filing 49 MEMORANDUM in Support of #48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc. filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott . (Coleman, Gregory) |
| Filing 48 MOTION for Settlement Plaintiffs' Motion for Final Approval of the Class Action Settlement with Defendant Nissan North America, Inc. by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Coleman, Gregory) |
| CA State Bar status verified as active for Michael H. Pearson not admitted to this court - Local counsel secured. (ad) |
| Filing 47 MOTION for attorney Michael H. Pearson to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) (Attachment 1 replaced on 1/9/2023) (ad). |
| Filing 46 NOTICE by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott Notice of Change of Firm Name and Email Address (Weiner, Melissa) |
| TN State Bar status verified as active for E. Paul Cauley, Jr admitted to this court. (ad) |
| Filing 45 NOTICE of Appearance by E. Paul Cauley, Jr on behalf of Nissan North America Inc. (Cauley, E.) |
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Filing 44
PROTECTIVE ORDER: AGREED PROTECTIVE ORDER REGARDING CONFIDENTIAL DISCOVERY MATERIAL. Signed by Magistrate Judge Alistair Newbern on 12/12/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 43
ORDER granting #42 JOINT MOTION FOR ENTRY OF AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Alistair Newbern on 12/12/22. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 42 Joint MOTION for Protective Order by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Proposed Agreed Protective Order Regarding Confidential Discovery Material)(Coleman, Gregory) |
| Filing 41 CERTIFICATE OF SERVICE by Minerva Martinez re #39 Notice of Change of Address (Cisneros, Norberto) |
| NOTICE TO FILER re DE#39 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (gb) |
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Filing 40
ORDER: The parties have moved to cancel the initial case management conference set on September 26, 2022, in light of the preliminary approval of a class action settlement ( #31 ) and fairness hearing set on March 20, 2023 ( #36 ). The motion is GRANTED and the initial case management conference is CANCELLED. Signed by Magistrate Judge Alistair Newbern on 9/21/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 39 NOTICE of Change of Address by Norberto J. Cisneros (Cisneros, Norberto) |
| Filing 38 Joint MOTION to Cancel or Continue Case Management Conference and to Waive Requirement of Submission of Proposed Case Management Order re #37 Order,, Set Hearings, by Nissan North America Inc.. (Hicks, John) |
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Filing 37
ORDER: Initial Case Management Conference by Telephone set for 9/26/2022 at 02:00 PM. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 9/9/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 36
ORDER: The Joint Motion to Reset Fairness Hearing Date in Preliminary Approval Order of Class Action Settlement #35 is Granted. Fairness Hearing is reset for 3/20/2023 at 1:00 PM. Signed by District Judge Eli J. Richardson on 9/6/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified text on 9/7/2022 (hb).
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| Filing 35 Joint MOTION to Reset Fairness Hearing Date in Preliminary Approval Order of Class Action Settlement re #31 Order by Nissan North America Inc.. (Hicks, John) |
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Filing 34
ORDER REFERRING CASE: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 8/31/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 33 NOTICE of Change of Address by Melissa S. Weiner (Weiner, Melissa) |
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Filing 32
ORDER: As is reflected in more detail in the Preliminary Approval Order of Class Action Settlement, the Motion for Preliminary Approval of the Class Action Settlement (Doc. No. #20 ) is GRANTED. However, counsel is hereby advised that all notices issued shall be updated to include (use) the name of the undersigned as the newly-assigned judge on this case, as well as the Court's new address (and the undersigned' s specific courtroom number therein): Fred D. Thompson Federal Building & Courthouse, Courtroom 5C, 719 Church Street, Nashville, TN 37203. Signed by District Judge Eli J. Richardson on 8/17/2022. (bs)
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Filing 31
PRELIMINARY APPROVAL ORDER OF CLASS ACTION SETTLEMENT: Signed by District Judge Eli J. Richardson on 8/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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| Filing 29 CERTIFICATE OF SERVICE by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re #25 Declaration, #22 Declaration, #23 Declaration, #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant, #28 Additional Attachments to Main Document, #24 Declaration, #26 Declaration, #27 Declaration, #21 Memorandum in Support, (Weiner, Melissa) |
| NOTICE TO FILER re DE#'s #20 - #28 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for these documents. (dt) |
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Filing 30
ORDER: Pursuant to Administrative Order 176, it is hereby ORDERED that this case is TRANSFERRED to Judge Eli Richardson, as it is related to an earlier-filed action assigned to him. Signed by District Judge Aleta A. Trauger on 8/3/2022. (dt)
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| Filing 28 Additional Attachments to Main Document re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Weiner, Melissa) |
| Filing 27 DECLARATION of Carla Peak filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Weiner, Melissa) |
| Filing 26 DECLARATION of Tarek H. Zohdy filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Attachments: #1 Exhibit 1- Capstone Law Firm Resume)(Weiner, Melissa) |
| Filing 25 DECLARATION of Natalie Finkelman Bennett filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Attachments: #1 Exhibit 1- Miller Shah Firm Resume)(Weiner, Melissa) |
| Filing 24 DECLARATION of Lawrence Deutsch filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Attachments: #1 Exhibit 1- Berger Montague PC Firm Resume)(Weiner, Melissa) |
| Filing 23 DECLARATION of Norberto J. Cisneros filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Attachments: #1 Exhibit 1- MC Firm Resume)(Weiner, Melissa) |
| Filing 22 DECLARATION of Melissa S. Weiner filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott re: #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant. (Attachments: #1 Exhibit 1- PSW Firm Resume, #2 Exhibit 2- Terms of Settlement)(Weiner, Melissa) |
| Filing 21 MEMORANDUM in Support of #20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant filed by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott . (Weiner, Melissa) |
| Filing 20 MOTION for Settlement -Plaintiffs' Notice of Motion and Motion for Preliminary Approval of the Class Action Settlement with Defendant by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Weiner, Melissa) |
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Filing 19
ORDER: Motion for Continuance of Case Management Conference #18 is Granted. Initial Case Management Conference is reset for 9/26/2022 at 2:00 PM. Signed by District Judge Aleta A. Trauger on 7/15/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 18 STATUS REPORT (Joint) and Motion for Continuance of Case Management Conference by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Proposed Order Granting Continuance of CMC)(Weiner, Melissa) |
| Filing 17 ANSWER to #1 Complaint, and Jury Demand by Nissan North America Inc..(Hicks, John) |
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Filing 16
ORDER granting #9 , #10 , #11 , #12 , #13 , #14 , and #15 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Cody R. Padgett, Lawrence Deutsch, Laura E. Goolsby, Tarek H. Zohdy, James C. Shah, Natalie F. Bennett, and Norberto J. Cisneros are granted. Signed by Lynda Hill, Clerk of Court, on 06/07/2022. (lh)
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| State Bar status verified as active for Laura Goolsby (CA), Tarek H. Zohdy (CA), Cody R. Padgett (CA), Norberto J. Cisneros (NV), James C. Shah (PA), Natalie Finkelman Bennett (PA), Lawrence Deutsch (PA) not admitted to this court - Local counsel secured. (dt) |
| Filing 15 MOTION for attorney Norberto J. Cisneros to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3606316) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 14 MOTION for attorney Natalie F. Bennett to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3605921) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 13 MOTION for attorney James C. Shah to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3605911) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 12 MOTION for attorney Tarek H. Zohdy to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3601801) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 11 MOTION for attorney Laura E. Goolsby to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3601792) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 10 MOTION for attorney Lawrence Deutsch to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3601785) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 9 MOTION for attorney Cody R. Padgett to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3601761) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Carl Graham, David Ortiz, Anne Parys, Sandra Scott, Tiffany James, Minerva Martinez, Sean Chambers. Nissan North America Inc. waiver sent on 5/16/2022. (Coleman, Gregory) |
|
Filing 7
ORDER granting #6 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Melissa S. Weiner to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 05/24/2022. (lh)
|
| MN State Bar status verified as active for Melissa Weiner not admitted to this court - Local counsel secured. (bs) |
| Filing 6 MOTION for attorney Melissa S. Weiner to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3598589) by Sean Chambers, Carl Graham, Tiffany James, Minerva Martinez, David Ortiz, Anne Parys, Sandra Scott. (Attachments: #1 Attachment Certificate of Good Standing)(Coleman, Gregory) |
| Filing 5 NOTICE of Initial Case Management Conference set for 7/25/2022 at 1:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (dt) |
| Filing 4 Summons issued as to Nissan North America Inc. (Service copies returned to counsel by mail.) (dt) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| CA State Bar status verified as active for Tarek H. Zohdy and Cody R. Padgett not admitted to this court - Local counsel secured. (dt) Modified on 5/17/2022 (dt). |
| NOTICE TO COUNSEL Tarek H. Zohdy, Cody R. Padgett, Norberto J. Cisneros, Barbara McDonald, Melissa Weiner, James C. Shah, Natalie Finkelman Bennett, Lawrence Deutsch, Russell D. Paul, Amey J. Park, Abigail J. Gertner: 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 6/7/2022. (dt) |
| TN State Bar status verified as active for Gregory F. Coleman admitted to this court. (dt) |
| Filing 1 COMPLAINT against Nissan North America Inc. (Filing fee $402, Receipt number ATNMDC-3595242), filed by Carl Graham, David Ortiz, Anne Parys, Sandra Scott, Tiffany James, Minerva Martinez and Sean Chambers. (Attachment: #1 Civil Cover Sheet)(dt) |
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