Koller v. Harley-Davidson Motor Company Group, LLC et al
| Scott Koller |
| Harley-Davidson Motor Company Group LLC and Harley-Davidson Motor Company Inc |
| 1:2023cv00176 |
| February 10, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Green Bay Office |
| William C Griesbach |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 Minute Entry for proceedings held before Judge William C Griesbach: Telephone Status Conference held on 3/14/2023. The court approves Attorney Thomas Burt as lead class counsel for Plaintiffs and Attorney Shpetim Ademi as lead local counsel for Plaintiffs. Plaintiffs consolidated amended complaint due by 5/15/2023. (Tape #031423 Zoom) Associated Cases: 2:23-md-03064-WCG et al.(mac) |
| Filing 47 NOTICE of Appearance by Shpetim Ademi on behalf of Jacqueline Assise, Robert Assise. Attorney(s) appearing: Shpetim Ademi Associated Cases: 2:23-md-03064-WCG et al.(Ademi, Shpetim) |
Filing 46
ORDER Approving Stipulation re (45 in 1:23-cv-00176-WCG, 21 in 2:23-md-03064-WCG) Stipulation, filed by Harley-Davidson Motor Company Group LLC signed by Judge William C Griesbach on 3/9/2023. All proceedings with respect to Case No. 23-C-176, Koller v Harlery-Davidson Motor Company Group, et al. shall be stayed until further of this court.Associated Cases: 2:23-md-03064-WCG, 1:23-cv-00176-WCG (cc: all counsel)(Griesbach, William)
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| Filing 45 STIPULATION Regarding Stay of Proceedings by Harley-Davidson Motor Company Group LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulation Regarding Stay of Proceedings)Associated Cases: 2:23-md-03064-WCG, 1:23-cv-00176-WCG(Nystrom, Paul) |
| NOTICE of Hearing: Telephone Status Conference set for 3/14/2023 at 03:00 PM (CT) in by Telephone before Judge William C Griesbach. The parties shall call the courts Zoom conference line at 669-254-5252 and use Meeting ID: 161 5758 9308 and Passcode: 519855 to join the call. To ensure a clear record of the hearing, participants should not use a speaker phone. Participants shall call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. If you have any questions, please contact the Clerks Office at 920-455-7381. (cc: all counsel)Associated Cases: 2:23-md-03064-WCG et al.(lh) Modified on 3/3/2023 to note Central Time Zone(lh). |
| Filing 44 NOTICE of Appearance by Paul L Nystrom on behalf of All Defendants. Attorney(s) appearing: Paul Nystrom (Nystrom, Paul) |
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Filing 43
ORDER signed by Judge William C Griesbach on 2/15/23 that by 3/03/23, counsel shall confer and submit three dates on or after 3/09/23, on which the primary attorney for the defendant and for each of the plaintiffs are available for a telephonic initial status hearing; counsel for plaintiffs shall confer re: selection of lead and liaison counsel and if no agreement is reached, counsel for each plaintiff shall file a status report regarding the selection no later than three days before the status conferenceAssociated Cases: 2:23-md-03064-WCG et al. (cc: all counsel)(vkb)
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| NOTICE Regarding assignment of this matter to Judge William C Griesbach(jcl) |
| Filing 42 Case transferred in from District of California Northern; Case Number 4:22-cv-04534. Original file certified copy of transfer order and docket sheet received. |
| Filing 41 TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation, pursuant to 28 USC 1407, to transfer the matter "Koller v. Harley-Davidson Motor Company Group, LLC, et al" C.A. No. 4:22-cv-04534 from the Northern District of California to the Eastern District of Wisconsin to become part of MDL 3064. (dhm, COURT STAFF) (Filed on 2/9/2023) [Transferred from cand on 2/10/2023.] |
| Filing 40 Notice of Withdrawal of Motion TO STAY ALL PROCEEDINGS PENDING RESOLUTION OF DEFENDANTS' MOTION TO TRANSFER VENUE (Bush, Tamara) (Filed on 12/13/2022) [Transferred from cand on 2/10/2023.] |
| Filing 39 Notice of Withdrawal of Motion TO TRANSFER VENUE TO THE USDC FOR THE EASTERN DISTRICT OF WISCONSIN PER 28 USC SEC 1404(A) [L.R. 7-7(b)(e)] (Bush, Tamara) (Filed on 12/13/2022) [Transferred from cand on 2/10/2023.] |
| Filing 38 NOTICE of Motion for Transfer of Actions to the Northern District of California or Northern District of Illinois Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings. These documents are submitted to this court pursuant to JPML Rule 6.2 for informational purposes. The JPML will review the Motion for Transfer to determine whether to consolidate or coordinate the case. (ecg, COURT STAFF) (Filed on 12/9/2022) [Transferred from cand on 2/10/2023.] |
| Filing 37 NOTICE by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc. OF OTHER ACTIONS OR PROCEEDING WITH EXH A (HUTLEY COMPLAINT AND EXH B (HEYMER COMPLAINT) (Bush, Tamara) (Filed on 12/5/2022) [Transferred from cand on 2/10/2023.] |
| Filing 36 NOTICE by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc. OF OTHER ACTIONS OR PROCEEDING with Exh A - Wagner Complaint and Exh B - Perry Complaint (Bush, Tamara) (Filed on 11/21/2022) [Transferred from cand on 2/10/2023.] |
| Filing 35 REPLY (re #24 MOTION to Stay DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY ALL PROCEEDINGS PENDING RESOLUTION OF DEFENDANTS MOTION TO TRANSFER VENUE ) filed byHarley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. (Bush, Tamara) (Filed on 11/8/2022) [Transferred from cand on 2/10/2023.] |
| Filing 34 NOTICE by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc. OF OTHER ACTIONS OR PROCEEDING with Exh A - Weaver Complaint (operative) and Exh B - Assise Complaint (refiled) (Bush, Tamara) (Filed on 11/7/2022) [Transferred from cand on 2/10/2023.] |
| Filing 33 OPPOSITION/RESPONSE (re #27 MOTION to Change Venue DEFENDANTS NOTICE OF MOTION AND MOTION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN PURSUANT TO 28 U.S.C. 1404(A) MOTION to Transfer Case ) Plaintiff's Opposition to Motion to Transfer Venue filed byScott Koller. (Attachments: #1 Declaration Decl. of Scott Koller Opp. Mot. Transfer, #2 Declaration Decl. of Anthony Patek Opp. Mot. Transfer, #3 Exhibit Ex. 1 List of Harley-Davidson Locations, #4 Exhibit Ex. 2 Judicial Statistics Table C-5, #5 Exhibit Ex. 3 JPML Statistics Pending MDLs by District, #6 Exhibit Ex. 4 Plaintiff's Initial Disclosures)(Patek, Anthony) (Filed on 11/4/2022) [Transferred from cand on 2/10/2023.] |
| Filing 32 OPPOSITION/RESPONSE (re #24 MOTION to Stay DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY ALL PROCEEDINGS PENDING RESOLUTION OF DEFENDANTS MOTION TO TRANSFER VENUE ) Plaintiff's Opposition to Motion to Stay filed byScott Koller. (Patek, Anthony) (Filed on 11/1/2022) [Transferred from cand on 2/10/2023.] |
| Filing 31 ANSWER to Complaint with Jury Demand byHarley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. (Bush, Tamara) (Filed on 10/28/2022) [Transferred from cand on 2/10/2023.] |
| Filing 30 NOTICE of Appearance by Anthony J Patek (Patek, Anthony) (Filed on 10/25/2022) [Transferred from cand on 2/10/2023.] |
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Filing 29
ORDER by Judge Haywood S. Gilliam, Jr.Denying #25 ADMINISTRATIVE MOTION For Expedited Hearing Or Ruling On Defendants Motion To Stay All Proceedings Pending Resolution Of Defendants Motion To Transfer Venue. (ndr, COURT STAFF) (Filed on 10/24/2022) [Transferred from cand on 2/10/2023.]
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| Filing 28 OPPOSITION/RESPONSE (re #25 ADMINISTRATIVE MOTION For Expedited Hearing Or Ruling On Defendants Motion To Stay All Proceedings Pending Resolution Of Defendants Motion To Transfer Venue re #24 MOTION to Stay DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY ALL PROCEEDING ) Plaintiff's Opposition to Admin Motion to Expedite Stay filed byScott Koller. (Attachments: #1 Declaration Decl. of Anthony Patek in Opposition to Motion to Expedite)(Patek, Anthony) (Filed on 10/24/2022) [Transferred from cand on 2/10/2023.] |
| Filing 27 MOTION to Change Venue DEFENDANTS NOTICE OF MOTION AND MOTION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN PURSUANT TO 28 U.S.C. 1404(A), MOTION to Transfer Case filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/4/2022. Replies due by 11/14/2022. (Attachments: #1 DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN PURSUANT TO 28 U.S.C. 1404(A), #2 Declaration of Kyle Bonnett ISO, #3 Request for Judicial Notice ISO, #4 Proposed Order)(Bush, Tamara) (Filed on 10/21/2022) [Transferred from cand on 2/10/2023.] |
| Filing 26 NOTICE by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc. DEFENDANTS NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (Bush, Tamara) (Filed on 10/20/2022) [Transferred from cand on 2/10/2023.] |
| Filing 25 ADMINISTRATIVE MOTION For Expedited Hearing Or Ruling On Defendants Motion To Stay All Proceedings Pending Resolution Of Defendants Motion To Transfer Venue re #24 MOTION to Stay DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY ALL PROCEEDINGS PENDING RESOLUTION OF DEFENDANTS MOTION TO TRANSFER VENUE filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. Responses due by 10/24/2022. (Attachments: #1 Declaration of Tamara A. Bush In Support Of Administrative Motion For Expedited Hearing Or Ruling On Defendants Motion To Stay All Proceedings Pending Resolution Of Defendants Motion To Transfer Venue, #2 Proposed Order)(Bush, Tamara) (Filed on 10/18/2022) [Transferred from cand on 2/10/2023.] |
| Filing 24 MOTION to Stay DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY ALL PROCEEDINGS PENDING RESOLUTION OF DEFENDANTS MOTION TO TRANSFER VENUE filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. Motion Hearing set for 1/12/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2022. Replies due by 11/8/2022. (Attachments: #1 Defendants Memorandum Of Points And Authorities In Support Of Motion To Stay All Proceedings Pending Resolution Of Defendants Motion To Transfer Venue, #2 Declaration of Tamara A. Bush In Support Of Motion To Stay All Proceedings Pending Resolution Of Defendants Motion To Transfer Venue, #3 Proposed Order)(Bush, Tamara) (Filed on 10/18/2022) [Transferred from cand on 2/10/2023.] |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Safier, Seth) (Filed on 10/18/2022) [Transferred from cand on 2/10/2023.] |
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Filing 22
ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the November 8, 2022 case management conference. The Court will reset the case management conference and deadline to file a joint case management statement once the anticipated motion to transfer is filed. This terminates Dkt. No. #21 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 10/18/2022) [Transferred from cand on 2/10/2023.]
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| ***Case Management Conference and Statement Deadlines Terminated, See Docket No. 22 . *** (ndr, COURT STAFF) (Filed on 10/18/2022) [Transferred from cand on 2/10/2023.] |
| Filing 21 STIPULATION WITH PROPOSED ORDER joint Stipulation Regarding Continuation of the 11-8-22 CMC and 11-1-22 CMS Deadline Pending Resolution of Defendants' Motion to Transfer Venue filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. (Attachments: #1 Proposed Order Granting Continuance)(Bush, Tamara) (Filed on 10/17/2022) [Transferred from cand on 2/10/2023.] |
| Filing 20 NOTICE by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc. re #1 Complaint Notice of Pendency of Other Action or Proceeding with Ex A - Assise Complaint; Ex B Wagner Complaint; Ex C Wagner Voluntary Dismissal; Ex D Koller Complaint Dkt 1 (Bush, Tamara) (Filed on 10/17/2022) [Transferred from cand on 2/10/2023.] |
| Filing 19 STIPULATION re #1 Complaint to Extend Defendants Responses to Complaint filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc.. (Bush, Tamara) (Filed on 9/26/2022) [Transferred from cand on 2/10/2023.] |
| Filing 18 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for November 8, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by November 1st. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-04534-HSG. The November 8th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 9/15/2022) [Transferred from cand on 2/10/2023.] |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 9/15/2022. (ark, COURT STAFF) (Filed on 9/15/2022) [Transferred from cand on 2/10/2023.]
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| Filing 16 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejk, COURT STAFF) (Filed on 9/15/2022) [Transferred from cand on 2/10/2023.] |
| Filing 15 NOTICE of Appearance by John Mark Thomas for Defendants Harley-Davidson Motor Company Group, LLC and Harley-Davidson Motor Company, Inc. (Thomas, John) (Filed on 9/14/2022) [Transferred from cand on 2/10/2023.] |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company, Inc... (Bush, Tamara) (Filed on 9/14/2022) [Transferred from cand on 2/10/2023.] |
| Filing 13 Certificate of Interested Entities by Harley-Davidson Motor Company Group, LLC identifying Corporate Parent Harley-Davidson, Inc. for Harley-Davidson Motor Company Group, LLC. (Bush, Tamara) (Filed on 9/14/2022) [Transferred from cand on 2/10/2023.] |
| Filing 12 Certificate of Interested Entities by Harley-Davidson Motor Company, Inc. identifying Other Affiliate Harley-Davidson, Inc., Other Affiliate Harley-Davidson Motor Company Group, LLC for Harley-Davidson Motor Company, Inc.. (Bush, Tamara) (Filed on 9/14/2022) [Transferred from cand on 2/10/2023.] |
| Filing 11 NOTICE of Appearance by Tamara Alicia Bush for Defendants Harley-Davidson Motor Company Group, LLC and Harley-Davidson Motor Company, Inc. (Bush, Tamara) (Filed on 9/14/2022) [Transferred from cand on 2/10/2023.] |
| Filing 10 CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 11/3/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/27/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 8/30/2022) [Transferred from cand on 2/10/2023.] |
| Filing 9 Certificate of Interested Entities by Scott Koller (Safier, Seth) (Filed on 8/16/2022) [Transferred from cand on 2/10/2023.] |
| Filing 8 Summons Issued as to Harley-Davidson Motor Company, Inc. (dhm, COURT STAFF) (Filed on 8/8/2022) [Transferred from cand on 2/10/2023.] |
| Filing 7 Summons Issued as to Harley-Davidson Motor Company Group, LLC. (dhm, COURT STAFF) (Filed on 8/8/2022) [Transferred from cand on 2/10/2023.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Scott Koller.. (Safier, Seth) (Filed on 8/8/2022) [Transferred from cand on 2/10/2023.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/27/2022. Initial Case Management Conference set for 11/3/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (dhm, COURT STAFF) (Filed on 8/5/2022) [Transferred from cand on 2/10/2023.] |
| Filing 4 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/19/2022. (bw, COURT STAFF) (Filed on 8/5/2022) [Transferred from cand on 2/10/2023.] |
| Filing 3 Proposed Summons. (Safier, Seth) (Filed on 8/5/2022) [Transferred from cand on 2/10/2023.] |
| Filing 2 Proposed Summons. (Safier, Seth) (Filed on 8/5/2022) [Transferred from cand on 2/10/2023.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17417527.). Filed byScott Koller. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 8/5/2022) [Transferred from cand on 2/10/2023.] |
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