Hyundai Subaru of Nashville, Inc. v. Hyundai Motor America, Inc. et al
| Hyundai Subaru of Nashville, Inc. doing business as Downtown Hyundai and Genesis of Downtown Nashville |
| Hyundai Motor America, Inc. and Genesis Motor America LLC |
| 3:2022cv00817 |
| October 12, 2022 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Contract: Other |
| 15 U.S.C. § 1222 Auto dealers suits against Manufacturers |
| None |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
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Filing 36
AMENDED COMPLAINT against Hyundai Subaru of Nashville, Inc., filed by Hyundai Subaru of Nashville, Inc.. (Attachments: #1 Exhibit A - Hyundai Motor America Dealer Sales and Service Agreement, #2 Exhibit B - Genesis Motor America Dealer Sales and Service Agreement, #3 Exhibit C - HMA Dealer Sales and Service Agreement Standard Provisions, #4 Exhibit D - GMA Dealer Sales and Service Agreement Standard Provisions)(McRory, Russell)
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FL State Bar status verified as active for James Andrew Bertron not admitted to this court - Local counsel secured. (ln)
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Filing 35
MOTION for attorney James Andrew Bertron, Jr. to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3721946) by Genesis Motor America LLC, Hyundai Motor America, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Baxter, John)
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Filing 34
CERTIFICATE OF SERVICE by Hyundai Subaru of Nashville, Inc. re #32 Proposed Case Management Order (McRory, Russell)
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Filing 33
ORDER: The initial case management conference is CONTINUED to January 12, 2023, at 9:30 a.m., to allow for these amendments and full briefing of Defendants' motion to stay. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel shall be prepared to discuss any agreement reached and any amendments to their proposed case management calendars at the January 12, 2023 conference. Signed by Magistrate Judge Alistair Newbern on 12/6/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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NOTICE TO FILER re DE#32 : 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 this document. (ln)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 12/6/2022. (Hearing lasted 00:33)(sd)
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Filing 32
PROPOSED CASE MANAGEMENT ORDER filed by Hyundai Subaru of Nashville, Inc.. (McRory, Russell)
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NOTICE TO FILER re DE#29 : The document is not signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel shall re-file the document. (ln)
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Filing 31
MEMORANDUM in Support of #30 MOTION for Protective Order Staying Discovery filed by Genesis Motor America LLC, Hyundai Motor America, Inc. . (Attachments: #1 Attachment Declaration)(Baxter, John)
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Filing 30
MOTION for Protective Order Staying Discovery by Genesis Motor America LLC, Hyundai Motor America, Inc.. (Baxter, John)
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Filing 29
****DISREGARD. DOCUMENT IS NOT SIGNED. ATTORNEY TO RE-FILE.**** PROPOSED CASE MANAGEMENT ORDER filed by Hyundai Subaru of Nashville, Inc. (McRory, Russell) Modified on 12/2/2022 (ln).
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Filing 28
ORDER: On November 28, 2022, Defendants Hyundai Motor America and Genesis Motor America, LLC filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. #25 .) Under Local Rule 7.01(a)(3), any response in opposition must be filed within fourteen days of service of the motion. An optional reply may be filed within seven days of service of a response. Signed by Magistrate Judge Alistair Newbern on 11/29/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 27
CERTIFICATE OF SERVICE by Genesis Motor America LLC, Hyundai Motor America, Inc. re #26 Memorandum in Support (Baxter, John)
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NOTICE TO FILER re DE#26 : 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 this document. (ln)
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Filing 26
MEMORANDUM in Support of #25 MOTION to Dismiss for Failure to State a Claim filed by Genesis Motor America LLC, Hyundai Motor America, Inc. . (Baxter, John)
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Filing 25
MOTION to Dismiss for Failure to State a Claim by Genesis Motor America LLC, Hyundai Motor America, Inc.. (Baxter, John)
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Filing 24
ORDER granting #13 , #16 , #20 , and #21 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Michael P. McMahan, Russell P. McRory, Daniel F. Katz, David S. Kurtzer-Ellenbogen to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 11/14/2022. (lh)
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DC State Bar status verified as active for David S. Kurtzer-Ellenbogen not admitted to this court - Local counsel secured. (ln)
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Filing 23
CERTIFICATE OF GOOD STANDING of Attorney Russell P. McRory from the United States District Court for the Southern of New York filed by Hyundai Subaru of Nashville, Inc.. (Mason, Jonathon)
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Filing 22
CERTIFICATE OF GOOD STANDING of Attorney Michael P. McMahan from the United States District Court for the Southern of New York filed by Hyundai Subaru of Nashville, Inc.. (Mason, Jonathon)
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TN State Bar status verified as active for John Thompson Baxter admitted to this court. (ln)
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Filing 21
MOTION for attorney David S. Kurtzer-Ellenbogen to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3701787) by Genesis Motor America LLC, Hyundai Motor America, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Baxter, John)
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Filing 20
MOTION for attorney Daniel F. Katz to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3701782) by Genesis Motor America LLC, Hyundai Motor America, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Baxter, John)
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Filing 19
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Hyundai Motor America, Inc.. (Baxter, John)
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Filing 18
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Genesis Motor America LLC. (Baxter, John)
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Filing 17
NOTICE of Appearance by John Thompson Baxter on behalf of Genesis Motor America LLC, Hyundai Motor America, Inc. (Baxter, John)
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NOTICE TO FILER re DE#13 , #16 : The Certificates of Good Standing must be from a United States District Court or a United States appellate court. The new certificates shall be filed within 10 days. (ln)
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Filing 16
MOTION for attorney Russell P. McRory to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3689360) by Hyundai Subaru of Nashville, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Mason, Jonathon) Modified on 10/27/2022 (ln).
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Filing 15
CERTIFICATE Certificate of Service filed by Hyundai Subaru of Nashville, Inc. re #13 MOTION for attorney Michael P. McMahan to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3689324) filed by Hyundai Subaru of Nashville, Inc.. (Mason, Jonathon)
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NOTICE TO FILER re DE#14 : The document is not completed or signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel should also sign the Certificate of Service. Counsel shall re-file the document. (ln)
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NOTICE TO FILER re DE#13 : 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 sign the certificate of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for this document. (ln)
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Filing 14
****DISREGARD. MOTION IS NOT COMPLETED OR SIGNED. ATTORNEY TO RE-FILE.**** MOTION for attorney Russell P. McRory to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3689360) by Hyundai Subaru of Nashville, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Mason, Jonathon) Modified on 10/21/2022 (ln).
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Filing 13
MOTION for attorney Michael P. McMahan to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3689324) by Hyundai Subaru of Nashville, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Mason, Jonathon)
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DC State Bar status verified as active for Daniel F. Katz not admitted to this court - Local counsel required. (ln)
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NOTICE TO COUNSEL Daniel F. Katz: 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 11/9/2022. (ln)
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NOTICE TO COUNSEL Daniel F. Katz: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 11/9/2022. (ln)
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Filing 12
ORDER: 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). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 11
WAIVER OF SERVICE Returned Executed by Hyundai Subaru of Nashville, Inc. Hyundai Motor America, Inc. waiver sent on 10/17/2022. (Mason, Jonathon) Modified on 10/19/2022 (ln).
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Filing 10
WAIVER OF SERVICE Returned Executed by Hyundai Subaru of Nashville, Inc.. Hyundai Motor America, Inc. waiver sent on 10/17/2022. (Mason, Jonathon) Modified on 10/19/2022 (ln).
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Filing 9
WAIVER OF SERVICE Returned Executed by Hyundai Subaru of Nashville, Inc. Genesis Motor America LLC waiver sent on 10/17/2022. (Mason, Jonathon) Modified on 10/19/2022 (ln).
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Filing 8
Summons issued as to Genesis Motor America LLC, Hyundai Motor America, Inc. Service copies will be returned to counsel by mail. (ln)
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Filing 7
NOTICE of Summons to be Issued as to Genesis Motor America LLC. (Mason, Jonathon)
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Filing 6
NOTICE of Summons to be Issued as to Hyundai Motor America, Inc.. (Mason, Jonathon)
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Filing 5
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Hyundai Subaru of Nashville, Inc.. (Mason, Jonathon)
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Filing 4
NOTICE of Initial Case Management Conference by Telephone set for 12/6/2022 at 10:30 AM before Magistrate Judge Alistair Newbern. (ln)
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Filing 3
NOTICE of Business Entity Disclosure Statement filing requirement. (ln)
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
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TN State Bar status verified as active for Jonathon D. Mason admitted to this court. (ln)
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NY State Bar status verified as active for Russell P. McRory, Michael P. McMahan not admitted to this court - Local counsel secured. (ln)
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NOTICE TO COUNSEL Russell P. McRory, Michael P. McMahan: 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 11/3/2022. (ln)
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Filing 1
COMPLAINT against Genesis Motor America LLC, Hyundai Motor America, Inc. (Filing fee $402, Receipt number ATNMDC-3683509) filed by Hyundai Subaru of Nashville, Inc. (Attachments: #1 Attachment 1 - Civil Cover Sheet)(ln)
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