Locatell v. Generac Power Systems Inc et al
Plaintiff: Kathryn Locatell
Defendant: Generac Power Systems Inc and Generac Holdings Inc
Case Number: 2:2023cv00683
Filed: June 8, 2023
Court: US District Court for the Eastern District of Wisconsin
Office: Milwaukee Office
Presiding Judge: Lynn Adelman
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2023 Opinion or Order Filing 25 SCHEDULING ORDER PURSUANT TO JULY 6, 2023 STATUS CONFERENCE signed by Judge Lynn Adelman on 07/18/23. Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
July 18, 2023 Opinion or Order Filing 24 ORDER GRANTING THE APPLICATION OF THE PROPOSED BASLER SLATE FOR APPOINTMENT OF CO-LEAD COUNSEL, LIAISON COUNSEL, AND PLAINTIFFS STEERING COMMITTEE signed by Judge Lynn Adelman on 07/18/23.Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
July 18, 2023 Opinion or Order Filing 23 DECISION AND ORDER signed by Judge Lynn Adelman on 07/18/23. IT IS ORDERED that the Basler Slate's application to be appointed to leadership positions (ECF No. #10 in the master case) is GRANTED. The court will adopt the Slate's proposed order regarding their organization and responsibilities. IT IS FURTHER ORDERED that the application filed by plaintiffs Johnson, Zukas, Hufton, and McDonald (ECF No. #5 in the master case) is DENIED. The court will also enter the parties' proposed schedule for filing a consolidated master complaint and related matters (ECF No. #9 ). Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
July 13, 2023 Filing 22 MOTION to Appoint Counsel Proposed Basler Slate by Marcia Baltimore, Steve Cothren, Daniel Haak, Marcia Baltimore, Nicole Kibert Basler, Steve Cothren, John Dillon, Daniel Haak, Albert Kates, Kathryn Locatell, Dustin Moon, Nicole Kibert Basler, John Dillon, Dustin Moon, Kathryn Locatell, Albert Kates. (Attachments: #1 Text of Proposed Order Granting Application of Proposed Basler Slate for Appointment, #2 Ex B-1 KTB Firm Resume, #3 Ex B-2 LCHB Firm Resume, #4 Ex B-3 MCBPG Firm Resume, #5 Ex B-4 CDL Firm Resume, #6 Ex B-5 CLF Firm Resume, #7 Ex C-1 BRB Firm Resume, #8 Ex C-2 KGG Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Flanner, Mary)
July 13, 2023 Filing 21 STATEMENTPROPOSED Joint Schedule by All Plaintiffs All Parties Joint Proposed Schedule. (Attachments: #1 Text of Proposed Order All Parties Proposed Scheduling Order)Associated Cases: 2:23-md-03078-LA et al.(Flanner, Mary) Modified on 7/14/2023 (jcl).
July 13, 2023 Filing 20 DECLARATION of Elizabeth A. Fegan (Attachments: #1 Exhibit 1 - Fegan Scott Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas)
July 13, 2023 Filing 19 DECLARATION of Rosemary M. Rivas in Support of Plaintiffs Zukas, Johnson, Hufton, and McDonald's Motion for Appointment of Interim Co-Lead Class Counsel and Liaison Counsel (Attachments: #1 Exhibit A - Gibbs Law Group Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas)
July 13, 2023 Filing 18 BRIEF in Support filed by Jeffrey Johnson, James Zukas, Gary Hufton, Aramie McDonald re (12 in 2:23-cv-00771-LA, 5 in 2:23-cv-00892-LA, 30 in 2:23-cv-00684-LA, 19 in 2:23-cv-00772-LA, 17 in 2:23-cv-00683-LA, 5 in 2:23-md-03078-LA, 43 in 2:23-cv-00685-LA, 5 in 2:23-cv-00874-LA, 16 in 2:23-cv-00034-LA, 28 in 2:22-cv-01386-LA) MOTION to Appoint Counsel . Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas)
July 13, 2023 Filing 17 MOTION to Appoint Counsel by Jeffrey Johnson, James Zukas, Gary Hufton, Aramie McDonald. (Attachments: #1 Text of Proposed Order)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas)
July 6, 2023 Filing 16 Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 7/6/2023. Court and parties discuss case status and proposed preliminary proceedings. Based on agreement of the parties, IT IS ORDERED that any leadership applications on behalf of plaintiffs must be filed by July 13, 2023. The court will make leadership appointments after receiving these applications. IT IS FURTHER ORDERED that, by July 13, 2023, the parties shall file statements regarding the timing of other initial matters such as filing a master complaint, defendants deadline for responding, ESI, protective orders, and inspection protocols. Associated Cases: 2:23-md-03078-LA et al.(kmr)
June 26, 2023 Filing 15 Magistrate Judge Jurisdiction Form filed by Generac Holdings Inc, Generac Power Systems Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Hansen, Elspeth)
June 14, 2023 Filing 14 NOTICE of Hearing: IT IS ORDERED that a telephonic status conference is scheduled for July 6, 2023 at 9:45 a.m. Participants need to call in for the conference as follows: dial access number 1-877-336-1839. You will be prompted for an access code (4144803) and a security code (1234). Once that information is entered participants will be placed on hold until we access the call. Counsel must email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide the names of attorneys appearing. (cc: all counsel)Associated Cases: 2:23-md-03078-LA et al.(kmr)
June 8, 2023 Filing 13 Case transferred in from District of California Eastern; Case Number 2:23-cv-00203. Original file certified copy of transfer order and docket sheet received.
June 8, 2023 NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (amh)
June 7, 2023 Filing 12 MDL ORDER. CASE TRANSFERRED to the Eastern District of Wisconsin. Electronic Transfer Sent. CASE CLOSED. (Donati, J) [Transferred from caed on 6/8/2023.]
March 15, 2023 Opinion or Order Filing 11 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 03/15/2023 STAYING Case Pending the JPML's resolution of the JPML Motion. The Parties shall promptly notify the Court if the JPML Motion is denied and shall submit a Proposed Order regarding the Stay within 3 court days. Should the JPML Motion be denied, Defendants shall have 45 days from the date of the denial to Respond to the Complaint. Should the JPML Motion be denied, the Parties shall have 60 days from the date of the denial to confer. (Rodriguez, E) [Transferred from caed on 6/8/2023.]
March 14, 2023 Filing 10 CORPORATE DISCLOSURE STATEMENT by Defendants Generac Holdings, Inc., Generac Power Systems, Inc.. (Hansen, Elspeth) [Transferred from caed on 6/8/2023.]
March 14, 2023 Filing 9 STIPULATION and PROPOSED ORDER for Staying Case by Generac Holdings, Inc., Generac Power Systems, Inc. Attorney Hansen, Elspeth V. added. (Attachments: #1 Exhibit A)(Hansen, Elspeth) Modified on 3/15/2023 (Mena-Sanchez, L). [Transferred from caed on 6/8/2023.]
March 13, 2023 Filing 8 FIRST AMENDED COMPLAINT against Generac Holdings, Inc., Generac Power Systems, Inc. by Kathryn Locatell. (Attachments: #1 Civil Cover Sheet)(Chalos, Mark) [Transferred from caed on 6/8/2023.]
March 13, 2023 Filing 7 NOTICE of APPEARANCE by Michael Levin-Gesundheit on behalf of Kathryn Locatell. Attorney Levin-Gesundheit, Michael added. (Levin-Gesundheit, Michael) [Transferred from caed on 6/8/2023.]
February 27, 2023 Filing 6 SUMMONS RETURNED EXECUTED: Generac Holdings, Inc. served on 2/23/2023, answer due 3/16/2023; Generac Power Systems, Inc. served on 2/22/2023, answer due 3/15/2023. (Hartmann, Nicholas) [Transferred from caed on 6/8/2023.]
February 10, 2023 Opinion or Order Filing 5 ORDER signed by District Judge Troy L. Nunley on 2/9/2023 GRANTING #4 Application for Pro Hac Vice. Added attorney Mark P. Chalos, PHV for Kathryn Locatell. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L) [Transferred from caed on 6/8/2023.]
February 9, 2023 Filing 4 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Kathryn Locatell for attorney Mark P. Chalos to appear Pro Hac Vice. (Attachments: #1 Certificate of Good Standing)(Hartmann, Nicholas) [Transferred from caed on 6/8/2023.]
February 9, 2023 RECEIPT number ACAEDC-10689404 for $225.00 for Pro Hace Vice Application for Mark P. Chalos from Nicholas R. Hartmann. (Kastilahn, A) Modified on 2/9/2023 (Kastilahn, A). [Transferred from caed on 6/8/2023.]
February 2, 2023 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kastilahn, A) [Transferred from caed on 6/8/2023.]
February 2, 2023 Filing 2 SUMMONS ISSUED as to *Generac Holdings, Inc., Generac Power Systems, Inc.* with answer to complaint due within *21* days. Attorney *Nicholas R. Hartmann* *Lieff Cabraser Heimann & Bernstein, LLP* *275 Battery St, 29th Fl* *San Francisco, CA 94111*. (Kastilahn, A) [Transferred from caed on 6/8/2023.]
February 2, 2023 Filing 1 COMPLAINT against All Defendants by Kathryn Locatell. Attorney Hartmann, Nicholas R. added. (Filing fee $ 402, receipt number ACAEDC-10677645) (Attachments: #1 Civil Cover Sheet)(Hartmann, Nicholas) [Transferred from caed on 6/8/2023.]

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Plaintiff: Kathryn Locatell
Represented By: Mark P Chalos
Represented By: Michael Levin-Gesundheit
Represented By: Nicholas R Hartmann
Represented By: Mary C Flanner
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Defendant: Generac Power Systems Inc
Represented By: Elspeth V Hansen
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Defendant: Generac Holdings Inc
Represented By: Elspeth V Hansen
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