Christopher Kearney v. Hyundai Motor Company

Federal Civil Lawsuit California Central District Court, Case No. 8:09-cv-01298-JST -MLG
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Summary

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Parties
No Logo Charles Moore, Plaintiff
No Logo Christopher Kearney, Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
Space Camille S Bass +1 602 840 5900 +1 602 840 3012 camilleb@hbsslaw.com
Space Steven William Berman +1 206 623 7292 +1 206 623 0594 steve@hbsslaw.com
Space Elaine T Byszewski +1 213 330 7150 +1 213 330 7152 elaine@hbsslaw.com
Space ROBERT BRUCE CAREY +1 602 840 5900 +1 602 840 3012 rob@hbsslaw.com
Space Lee M Gordon +1 213 330 7150 +1 213 330 7152 lee@hbsslaw.com
Space Lisa Hasselman +1 206 623 7292 lisah@hbsslaw.com

Represented by Wilkins Law Firm

Name Phone Fax E-Mail
Space Amy Marie Wilkins +1 602 795 0789 awilkins@wilkinslaw.net
No Logo Nancy Kearney, Plaintiff
No Logo Shari Moore, Plaintiff
v.
No Logo Hyundai Motor America, Defendant

Represented by Bingham McCutchen LLP

Name Phone Fax E-Mail
Space Todd E Gordinier +1 714 830 0600 todd.gordinier@bingham.com

Represented by Hogan Lovells US LLP

Name Phone Fax E-Mail
Space Michael Laurence Kidney +1 202 637 5600 +1 202 637 5910 michael.kidney@hoganlovells.com

Represented by Stradling Yocca Carlson & Rauth

Name Phone Fax E-Mail
Space Craig A Taggart +1 949 725 4087 +1 949 823 5055 ctaggart@sycr.com
No Logo Hyundai Motor Company, Ltd., Defendant
Officially listed as "Hyundai Motor Company, -"
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 385 - Personal Property: Property Damage Product Liability
Timeline
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Legal Document (Payment Possibly Required) 147 Filed: 2/7/2014, Entered: None Court Filing
NOTICE OF DISCREPANCY AND ORDER: by Judge Josephine L. Staton. The document is not to be filed, but instead REJECTED and is ORDERED returned to counsel. (nbo) (Entered: 02/10/2014)
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Blank 146 Filed: 12/30/2013, Entered: None Court Filing
AMENDED JUDGMENT by Judge Josephine L. Staton. On December 30, 2013, the Court issued an order granting that application. (Doc. 145.) Pursuant to the December 30, 2013 Order, the Court awards Class Counsel an additional $168,873.40 in attorneys fees and expenses 145 (twdb) (Entered: 12/30/2013)
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Legal Document (Payment Possibly Required) 145 Filed: 12/30/2013, Entered: None Court Filing
MINUTES (IN CHAMBERS): ORDER by Judge Josephine L. Staton: granting 143 Application for Attorney Fees in the amount of 168,873.40. (twdb) (Entered: 12/30/2013)
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Legal Document (Payment Possibly Required) 144 Filed: 11/20/2013, Entered: None
DECLARATION of Robert B. Carey re Supplemental APPLICATION for Attorney Fees and Expenses from June 20, 2013 to Conclusion of Litigation 143 filed by Plaintiff Christopher Kearney. (Attachments: # 1 Exhibit A)(Carey, Robert) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 143 Filed: 11/20/2013, Entered: None
Supplemental APPLICATION for Attorney Fees and Expenses from June 20, 2013 to Conclusion of Litigation filed by Plaintiff Christopher Kearney. (Attachments: # 1 Proposed Order Proposed Amended Judgment for Fees)(Carey, Robert) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 142 Filed: 11/19/2013, Entered: None Court Filing
NOTICE OF DISCREPANCY AND ORDER: by Judge Josephine L. Staton. The document is NOT to be filed, but instead REJECTED, and is ORDERED forwarded to class counsel. (twdb) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 141 Filed: 10/21/2013, Entered: None Court Filing
NOTICE OF DISCREPANCY AND ORDER: by Judge Josephine L. Staton, rejecting the filing of Letter from Amrik S. Warich received on 10/16/13; Reason for rejection, no letters to the judge. (dro) (Entered: 10/23/2013)
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Legal Document (Payment Possibly Required) 140 Filed: 8/5/2013, Entered: None
Letter from Michael S. Tolver (dro) (Entered: 09/06/2013)
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Legal Document (Payment Possibly Required) 139 Filed: 9/3/2013, Entered: None Court Filing
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Josephine Staton Tucker, Re: Letter received 08/06/13. The document is to be filed and processed. The filing date is ORDERED to be the date the document was stamped "received but not filed" with the Clerk. (dro) (Entered: 09/06/2013)
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Blank 138 Filed: 7/30/2013, Entered: None Court Filing
JUDGMENT by Judge Josephine Staton Tucker. All claims are hereby DISMISSED WITH PREJUDICE. Pursuant to the Courts June 28, 2013 Order, the Court awards (a) $776,707.50 in attorneys fees to Class Counsel, (b) $47,419.10 in expenses to Class Counsel, and (c) $2,500.00 each to Christopher Kearney, Nancy Kearney, Charles Moore, and Shari Moore as incentive award payments. (MD JS-6, Case Terminated). (twdb)
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Blank 138 Filed: 7/29/2013, Entered: None Court Filing
JUDGMENT by Judge Josephine Staton Tucker. All claims are hereby DISMISSED WITH PREJUDICE. Pursuant to the Courts June 28, 2013 Order, the Court awards (a) $776,707.50 in attorneys fees to Class Counsel, (b) $47,419.10 in expenses to Class Counsel, and (c) $2,500.00 each to Christopher Kearney, Nancy Kearney, Charles Moore, and Shari Moore as incentive award payments. (MD JS-6, Case Terminated). (twdb) (Entered: 07/29/2013)
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Legal Document (Payment Possibly Required) 137 Filed: 7/26/2013, Entered: None Court Filing
SUPPLEMENTAL ORDER by Judge Josephine Staton Tucker, re Joint REQUEST for SUPPLEMENTAL ORDER REGARDING FINAL APPROVAL OF CLASS ACTION SETTLEMENT 135 . (twdb) (Entered: 07/29/2013)
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Legal Document (Payment Possibly Required) 136 Filed: 7/18/2013, Entered: None
Notice of Appearance or Withdrawal of Counsel: for attorney Craig A Taggart counsel for Defendant Hyundai Motor America. Craig A. Taggart is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 07/18/2013)
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Legal Document (Payment Possibly Required) 135 Filed: 7/18/2013, Entered: None
Joint REQUEST for Order for SUPPLEMENTAL ORDER REGARDING FINAL APPROVAL OF CLASS ACTION SETTLEMENT , Joint REQUEST for Judgment Pursuant to the Court's June 28, 2013 Order filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(Gordinier, Todd) (Entered: 07/18/2013)
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Blank 134 Filed: 6/29/2013, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: granting 95 Motion for Settlement; granting 97 Motion for Attorney Fees, Expenses, and Incentive Award Payments. (twdb)
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Blank 134 Filed: 6/28/2013, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: granting 95 Motion for Settlement; granting 97 Motion for Attorney Fees, Expenses, and Incentive Award Payments. (twdb) (Entered: 06/28/2013)
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Legal Document (Payment Possibly Required) 133 Filed: 6/20/2013, Entered: None
SUPPLEMENT to Final MOTION for Attorney Fees , Expenses and Incentive Award Payments 97 SUPPLEMENTAL DECLARATION OF ROBERT B. CAREY IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEYS' FEES, EXPENSES, AND INCENTIVE AWARD PAYMENTS, PURSUANT TO THE COURT'S JUNE 7, 2013 ORDER filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Exhibit A)(Carey, Robert) (Entered: 06/20/2013)
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Legal Document (Payment Possibly Required) 132 Filed: 6/13/2013, Entered: None
SUPPLEMENT to Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 PURSUANT TO THE COURT'S JUNE 7, 2013 ORDER filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 06/13/2013)
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Blank 131 Filed: 6/11/2013, Entered: None
MEMORANDUM in Support of Final MOTION for Attorney Fees , Expenses and Incentive Award Payments 97 filed by Plaintiff Christopher Kearney. (Attachments: # 1 Exhibit 1-Part 1, # 2 Exhibit 1-Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Carey, Robert) (Entered: 06/11/2013)
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Legal Document (Payment Possibly Required) 130 Filed: 6/11/2013, Entered: None
NOTICE of Errata Regarding Plaintiffs' Memorandum In Support of Motion for an Award of Attorneys' Fees, Expenses and Incentive Awards filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 06/11/2013)
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Legal Document (Payment Possibly Required) 129 Filed: 6/7/2013, Entered: None Court Filing
MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker: (1) Hearing on Final Approval of Class Settlement 95 ; (2) Plaintiffs Motion for an Award of Attorneys Fees, Expenses, and IncentiveAward Payments 97 : Tentative ruling set forth on the record. Counsel argue. Matters taken under submission. Counsel to provide supplemental joint statement regarding getting brochures to Santa Fe owners, to the Court within 10 days. Plaintiffs counsel to provide an update regarding attorneys fees to the Court within 14 days. Court Reporter: Deborah Parker. (rla) (Entered: 06/10/2013)
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Legal Document (Payment Possibly Required) 128 Filed: 5/31/2013, Entered: None
SUPPLEMENT to Final MOTION for Attorney Fees , Expenses and Incentive Award Payments 97 DEFENDANT HYUNDAI MOTOR AMERICA'S RESPONSE TO THE COURTS MAY 21, 2013 ORDER filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 05/31/2013)
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Legal Document (Payment Possibly Required) 127 Filed: 5/31/2013, Entered: None
DECLARATION of Robert B. Carey In Support Of Final MOTION for Attorney Fees , Expenses and Incentive Award Payments 97 Declaration of Robert B. Carey In Support of Plaintiffs' Supplemental Brief In Response to Court's Order Regarding In Re HP Inkjet Printer Litigation filed by Plaintiff Christopher Kearney. (Attachments: # 1 Exhibit A)(Carey, Robert) (Entered: 05/31/2013)
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Legal Document (Payment Possibly Required) 126 Filed: 5/31/2013, Entered: None
SUPPLEMENT to Final MOTION for Attorney Fees , Expenses and Incentive Award Payments 97 Plaintiffs' Supplemental Brief In Response to Court's Order Regarding In Re HP Inkjet Printer Litigation filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 05/31/2013)
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Legal Document (Payment Possibly Required) 125 Filed: 5/30/2013, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: DIRECTING CLERK TO PROVIDE UNREDACTED LETTER FROM CARLOS JIMENEZ TO THE PARTIES: In Plaintiffs' Supplemental Memorandum of Law Regarding Class Members' Support of the Settlement, Class Counsel informed the Court that Carlos Jimenez, who sent a letter to the Court regarding the proposed settlement (see Doc. 110), did not send a letter to both parties, as required under the Class Notice. Accordingly, the Court directs the Clerk to provide counsel for both parties with an unredacted copy of Mr. Jimenez's letter. (rla) (Entered: 05/30/2013)
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Legal Document (Payment Possibly Required) 124 Filed: 5/28/2013, Entered: None
DECLARATION of Robert B. Carey In Support Of Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 Declaration of Robert B. Carey In Support of Plaintiffs' Supplemental Memorandum of Law Regarding Class Members' Support of the Settlement filed by Plaintiff Christopher Kearney. (Attachments: # 1 Exhibit 1-21)(Carey, Robert) (Entered: 05/28/2013)
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Legal Document (Payment Possibly Required) 123 Filed: 5/28/2013, Entered: None
SUPPLEMENT to Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 Plaintiffs' Supplemental Memorandum of Law Regarding Class Members Support of the Settlement filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 05/28/2013)
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Legal Document (Payment Possibly Required) 122 Filed: 5/28/2013, Entered: None
NOTICE of Errata as to Documents 119 and 120 filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 05/28/2013)
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Legal Document (Payment Possibly Required) 121 Filed: 5/24/2013, Entered: None
Joint Supplemental Memorandum of Law Regarding Settlement Administration and Class Members' Reaction to the Settlement re Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 filed by Defendant Hyundai Motor America. (Attachments: # 1 Declaration Jason R. Erb, # 2 Declaration Steve R. Johnson, # 3 Declaration Michael L. Kidney)(Taggart, Craig) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 120 Filed: 5/24/2013, Entered: None
DECLARATION of Robert B. Carey In Support Of Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 Declaration of Robert B. Carey ISO Plaintiffs' Supplemental Memorandum of Law Re Class Members' Support of the Settlement filed by Plaintiff Christopher Kearney. (Attachments: # 1 Exhibit Exhibits 1-21)(Carey, Robert) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 119 Filed: 5/24/2013, Entered: None
SUPPLEMENT to Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 Plaintiffs' Supplemental Memorandum of Law Re Class Members' Support of the Settlement filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 118 Filed: 5/21/2013, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: REQUIRING SUPPLEMENTAL BRIEFING: RE Motion for Settlement Approval and Motion for Attorney Fees, Expenses, and Incentive Award Payments. (Docs. 95, 96.) (See document for details.) Accordingly, the parties are ORDERED to provide supplemental briefing on the effect, if any, of In re HP Inkjet Printer Litigation on this case. The parties shall also provide any recommendations, such as bifurcating the recovery of attorneys fees. See In re HP Inkjet Printer Litig., 2013 WL 1986396, at *9 n. 19 (a fees award can be bifurcated or staggered to take into account the speculative nature of at least a portion of a class recovery). The parties shall file their supplemental briefs no later than May 31, 2013. (rla) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 117 Filed: 5/15/2013, Entered: None
REDACTED LETTER from Chris A. Cordes. (dro) (Entered: 05/15/2013)
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Legal Document (Payment Possibly Required) 116 Filed: 5/15/2013, Entered: None
REDACTED LETTER from David and Tabatha Zavetsky. (dro) (Entered: 05/15/2013)
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Legal Document (Payment Possibly Required) 115 Filed: 5/15/2013, Entered: None
REDACTED LETTER from Guthemberg Reis. (dro) (Entered: 05/15/2013)
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Legal Document (Payment Possibly Required) 114 Filed: 5/15/2013, Entered: None
REDACTED LETTER from Darrell E. and Judy D. Frost. (dro) (Entered: 05/15/2013)
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Legal Document (Payment Possibly Required) 113 Filed: 5/15/2013, Entered: None
REDACTED LETTER from H. Beth LaBreche. (dro) (Entered: 05/15/2013)
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Legal Document (Payment Possibly Required) 112 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Lloyd Thompson. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 111 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Gerald N. Meyer. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 110 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Carlos Jimenez. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 109 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Lawrence A. Rose. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 108 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Gary Brown and Harriette Hancock Brown. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 107 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Tracey Janssen. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 106 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Keith Halter. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 105 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Patrick A. Healy. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 104 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Miles A. Lance. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 103 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Darren Holcomb. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 102 Filed: 5/9/2013, Entered: None
REDACTED OBJECTION by Mattie L. Rollins. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 101 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Timothy R. Smith. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 100 Filed: 5/9/2013, Entered: None
REDACTED OBJECTION by Mattie L. Rollins. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 99 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Tracey Janssen. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 98 Filed: 5/9/2013, Entered: None
REDACTED LETTER from Edith Valentin. (dro) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 97 Filed: 4/25/2013, Entered: None Court Filing
NOTICE OF MOTION AND Final MOTION for Attorney Fees , Expenses and Incentive Award Payments filed by Plaintiff Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. Motion set for hearing on 6/7/2013 at 02:30 PM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum Memorandum in Support of Motion for an Award of Attorneys' Fees, Expenses, and Incentive Award Payments, # 2 Exhibit Exhibit 1 (part 1), # 3 Exhibit Exhibit 1 (part 2), # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Proposed Order)(Carey, Robert) (Entered: 04/25/2013)
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Legal Document (Payment Possibly Required) 96 Filed: 4/25/2013, Entered: None
DECLARATION of ROBERT B. CAREY IN SUPPORT OF Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT 95 filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Carey, Robert) (Entered: 04/25/2013)
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Legal Document (Payment Possibly Required) 95 Filed: 4/25/2013, Entered: None Court Filing
NOTICE OF MOTION AND Joint MOTION for Settlement Approval of FOR FINAL APPROVAL OF CLASS SETTLEMENT filed by Defendant Hyundai Motor America. Motion set for hearing on 6/7/2013 at 02:30 PM before Judge Josephine Staton Tucker. (Attachments: # 1 Exhibit Exhibit 1 to Joint Motion, # 2 Declaration Declaration of Jason Erb ISO Joint Motion, # 3 Proposed Order Proposed Final Approval Order, # 4 Proposed Order Proposed Judgment)(Taggart, Craig) (Entered: 04/25/2013)
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Legal Document (Payment Possibly Required) 94 Filed: 2/26/2013, Entered: None Court Filing
NOTICE OF DISCREPANCY AND ORDER: by Judge Josephine Staton Tucker, rejecting the filing of Letter to Judge from Richard Crook, received on 2/22/13. To the extent class member is attempting to object to the proposed settlement, he must follow the procedure set forth in the Class Notice. (dro) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 93 Filed: 1/7/2013, Entered: None Court Filing
MINUTES (IN CHAMBERS) by Judge Josephine Staton Tucker Re: Order Approving Amended Class Notice. On December 17, 2012, the Court granted the parties' Joint Motion for Preliminary Approval of Class Settlement and Order Directing Notice to the Class. (Doc. 91.) In that Order, the Court required the parties to make certain changes to their proposed class notice and to file the proposed amended class notice within ten days. (Id. at 24-25.) The parties have now filed their amended notice to the class (Doc. 92-1). Having reviewed the proposed amended notice, the Class Notice is hereby APPROVED. (dro) (Entered: 01/08/2013)
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Legal Document (Payment Possibly Required) 92 Filed: 12/27/2012, Entered: None
NOTICE Joint Notice of Proposed Amended Class Notice filed by Defendant Hyundai Motor America. (Attachments: # 1 Exhibit, # 2 Exhibit)(Taggart, Craig) (Entered: 12/27/2012)
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Legal Document (Payment Possibly Required) 91 Filed: 12/17/2012, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: granting 73 Motion for Settlement; granting 74 Motion to Certify Class Action and Setting a Fairness Hearing for Friday, June 7, 2013 at 2:30 P.M. (twdb) (Entered: 12/19/2012)
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Legal Document (Payment Possibly Required) 90 Filed: 12/11/2012, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: granting 86 Application to Appear Pro Hac Vice by Attorney Camille S. Bass on behalf of Plaintiff, designating Lee M. Gordon as local counsel. (lt) (Entered: 12/11/2012)
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Legal Document (Payment Possibly Required) 89 Filed: 12/5/2012, Entered: None
MEMORANDUM of Points and Authorities in Support filed by Defendant Hyundai Motor America. JOINT SUPPLEMENTAL MEMORANDUM OF LAW REGARDING PROPOSED ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT Re: Minutes of In Chambers Order/Directive - no proceeding held, 85 (Taggart, Craig) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 88 Filed: 12/5/2012, Entered: None
DECLARATION of Steve W. Berman in support of MOTION to Certify Class 74 regarding Adequacy of Counsel to Represent Class filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 87 Filed: 12/5/2012, Entered: None
DECLARATION of Robert B. Carey in support of MOTION to Certify Class 74 regarding Adequacy of Counsel to Represent the Class filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 86 Filed: 12/5/2012, Entered: None
First APPLICATION for attorney Camille S. Bass to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11346920 paid.) filed by Plaintiff Christopher Kearney. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Carey, Robert) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 85 Filed: 11/19/2012, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: ORDER REQUIRING (1)SUPPLEMENTAL BRIEFING RE AMENDED PROPOSED ORDER, AND (2) DECLARATIONS FROM EACHATTORNEY SEEKING TO REPRESENT PROPOSED CLASS. Accordingly, each attorney seeking to represent the proposed class is ORDERED to submit a declaration evidencing his or her adequacy to represent the proposed class. See Fed. R. Civ. P.23(g)(2). These supplemental materials must be filed by December 5, 2012. (twdb) (Entered: 11/19/2012)
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Legal Document (Payment Possibly Required) 84 Filed: 11/9/2012, Entered: None
NOTICE of Amended Proposed Order Granting Preliminary Approval of Class Settlement, Setting a Hearing on Final Approval of Settlement, and Directing Notice to the Class filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Gordinier, Todd) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 83 Filed: 11/9/2012, Entered: None
DECLARATION of Charles Moore and Shari Moore In Support Of MOTION to Certify Class 74 filed by Plaintiffs Charles Moore, Shari Moore. (Carey, Robert) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 82 Filed: 11/9/2012, Entered: None
DECLARATION of Christopher Kearney and Nancy Kearney In Support Of MOTION to Certify Class 74 filed by Plaintiffs Christopher Kearney, Nancy Kearney. (Carey, Robert) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 81 Filed: 11/9/2012, Entered: None
DECLARATION of Robert B. Carey In Support Of MOTION to Certify Class 74 filed by Plaintiff Christopher Kearney. (Carey, Robert) (Entered: 11/09/2012)
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Legal Document (Payment Possibly Required) 80 Filed: 10/26/2012, Entered: None Court Filing
MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker:(1) JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND ORDER DIRECTING NOTICE TO THE CLASS; (2)PLAINTIFFS MOTION FOR CERTIFICATION OF A SETTLEMENT CLASS. Cause called. Hearing held. Counsel argue. Court accepts the preliminary approval motion as filed and is deemed submitted 73 . Plaintiffs motion for certification will be deemed submitted at the time counsel file supplemental briefing re certification of settlement class as detailed by the Court. The supplemental filing shall be made no later than November 9, 2012. Court Reporter: Deborah Parker. (twdb) (Entered: 10/29/2012)
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Legal Document (Payment Possibly Required) 79 Filed: 10/25/2012, Entered: None
SUPPLEMENT to MOTION to Certify Class 74 REGARDING ADEQUACY OF COUNSEL TO REPRESENT THE CLASS filed by Plaintiff Christopher Kearney. (Attachments: # 1 Exhibit DECLARATION OF ROBERT B. CAREY IN SUPPORT OF SUPPLEMENTAL BRIEF REGARDING ADEQUACY OF COUNSEL TO REPRESENT CLASS)(Carey, Robert) (Entered: 10/25/2012)
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Legal Document (Payment Possibly Required) 78 Filed: 10/23/2012, Entered: None
NOTICE JOINT NOTICE OF PROPOSED AMENDED CLASS NOTICE filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 10/23/2012)
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Legal Document (Payment Possibly Required) 77 Filed: 10/22/2012, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: ORDER REQUIRING SUPPLEMENTAL BRIEFING RE ADEQUACY OF COUNSEL. Accordingly, Plaintiffs are ORDERED to provide supplemental briefing (including evidence, whether in the form of declarations from counsel or otherwise) sufficient toenable the Court to determine Plaintiffs counsels adequacy to represent the proposed class. The supplemental brief must be filed by 12:00 p.m. on October 25, 2012. re: MOTION to Certify Class 74 . (twdb) (Entered: 10/22/2012)
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Legal Document (Payment Possibly Required) 76 Filed: 10/5/2012, Entered: None
NOTICE OF NON-OPPOSITION to MOTION to Certify Class 74 for Settlement filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 10/05/2012)
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Legal Document (Payment Possibly Required) 75 Filed: 8/30/2012, Entered: None
NOTICE NOTICE OF PARTIES' AGREEMENT ON ATTORNEYS FEES AND INCENTIVE AWARDS filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 08/30/2012)
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Legal Document (Payment Possibly Required) 74 Filed: 8/17/2012, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs' Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. Motion set for hearing on 10/26/2012 at 02:30 PM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Certification of a Class Settlement, # 2 Exhibit Exhibit A Firm Resume, # 3 Proposed Order Proposed Order Granting Plaintiffs' Motion For Certification of a Class Settlement)(Carey, Robert) (Entered: 08/17/2012)
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Legal Document (Payment Possibly Required) 73 Filed: 8/17/2012, Entered: None Court Filing
NOTICE OF MOTION AND MOTION for Settlement Approval of Joint Motion For Preliminary Approval Of Class Settlement And Order Directing Notice To The Class filed by defendant Hyundai Motor America. Motion set for hearing on 10/26/2012 at 02:30 PM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum Memo of Points & Authorities ISO Joint Motion For Preliminary Approval Of Class Settlement And Order Directing Notice To The Class, # 2 Exhibit Exhibit 1 to Memo of Points & Authorities ISO Joint Motion For Preliminary Approval Of Class Settlement And Order Directing Notice To The Class, # 3 Exhibit Exhibit 2 to Memo of Points & Authorities ISO Joint Motion For Preliminary Approval Of Class Settlement And Order Directing Notice To The Class, # 4 Proposed Order Granting Preliminary Approval of Class Settlement, # 5 Proposed Order Granting Final Approval of Class Settlement)(Taggart, Craig) (Entered: 08/17/2012)
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Legal Document (Payment Possibly Required) 72 Filed: 7/24/2012, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: ORDER EXTENDING ORDER TO SHOW CAUSE. On July 10, 2012, the Court issued an Order to Show Cause for Failure to Prosecute (OSC). On July 16, 2012, the parties filed a Joint Response to the OSC. Based on the response of counsel, theCourt extends the OSC to August 17, 2012, by which time counsel shall file a motion for preliminary approval of class action settlement. re: Order to Show Cause 70 .( Show Cause Response due by 8/17/2012.) (twdb) (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 71 Filed: 7/16/2012, Entered: None
RESPONSE filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Mooreto Order to Show Cause,, 70 JOINT RESPONSE TO ORDER TO SHOW CAUSE (Carey, Robert) (Entered: 07/16/2012)
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Blank 70 Filed: 7/10/2012, Entered: None Court Filing
(In Chambers) ORDER TO SHOW CAUSE by Judge Josephine Staton Tucker, ISSUING ORDER TO SHOW CAUSE FOR FAILURE TO PROSECUTE: On October 27, 2011, this Court stayed this action for forty-five days pending finalization of a settlement agreement. (Doc. 69.) Since that date the parties have failed to take any action in this matter. The Court orders the parties to show cause, within five days of the issuance of this Order, why this action should not be dismissed for failure to prosecute. Failure to timely respond will result in immediate dismissal. (rla) (Entered: 07/10/2012)
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Legal Document (Payment Possibly Required) 69 Filed: 10/27/2011, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker, GRANTING STIPULATION STAYING ALL DEADLINES FOR FORTY-FIVE DAYS 68 : (NOTE: CHANGES MADE BY THE COURT) Discovery cut-Off: 4/16/12; Last day to conduct settlement proceedings: 5/21/12; and Last day for law and motion hearings: 6/04/12. (rla) (Entered: 10/27/2011)
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Legal Document (Payment Possibly Required) 68 Filed: 10/24/2011, Entered: None
STIPULATION to Continue All Deadlines For Forty-Five Days filed by Defendant Hyundai Motor America. (Attachments: # 1 Declaration of Rob B. Carey, # 2 Proposed Order)(Taggart, Craig) (Entered: 10/24/2011)
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Legal Document (Payment Possibly Required) 67 Filed: 9/23/2011, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker, re Stipulation for Extension of Time to File 66 . DENIED (twdb) (Entered: 09/23/2011)
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Legal Document (Payment Possibly Required) 66 Filed: 9/21/2011, Entered: None
STIPULATION for Extension of Time to File Extend Case Deadlines filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order)(Berman, Steve) (Entered: 09/21/2011)
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Legal Document (Payment Possibly Required) 65 Filed: 9/9/2011, Entered: None
NOTICE of Change of Attorney Information for attorney Amy M Wilkins counsel for Plaintiff Christopher Kearney.Amy M. Wilkins is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Attorney for Plaintiff Amy M. Wilkins (Wilkins, Amy) (Entered: 09/09/2011)
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Legal Document (Payment Possibly Required) 64 Filed: 9/9/2011, Entered: None
NOTICE of Change of Attorney Information for attorney Elaine T Byszewski counsel for Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. Adding Elaine T. Byszewski as attorney as counsel of record for Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore for the reason indicated in the G-06 Notice. Filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore (Byszewski, Elaine) (Entered: 09/09/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 5/25/2011, Entered: None Court Filing
STIPULATED PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman, re Stipulation for Protective Order 62 . See order for more information. (twdb) (Entered: 05/26/2011)
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Legal Document (Payment Possibly Required) 62 Filed: 5/25/2011, Entered: None
STIPULATION for Protective Order filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Taggart, Craig) (Entered: 05/25/2011)
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Legal Document (Payment Possibly Required) 61 Filed: 5/24/2011, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker, GRANTING Stipulation to Extend Case Deadlines. IT IS ORDERED as follows: 1. The last day for hearing on Plaintiffs' Motion for Class Certification shall be November 21, 2011; 2. The discovery cut-off (fact and expert) shall be March 2, 2012; 3. The last day to conduct settlement proceedings shall be April 4, 2012; 4. The last day for law and motion hearings shall be April 16, 2012; 5. The remaining deadlines shall remain "to be determined." (rla) (Entered: 05/24/2011)
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Legal Document (Payment Possibly Required) 60 Filed: 5/17/2011, Entered: None
Joint STIPULATION to Extend Discovery Cut-Off Date to March 2, 2012 filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Case Deadlines)(Wilkins, Amy) (Entered: 05/17/2011)
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Legal Document (Payment Possibly Required) 59 Filed: 3/11/2011, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: GRANTING 56 Application to Appear Pro Hac Vice by Attorney Steve W. Berman on behalf of Plaintiffs Christopher Kearney and Nancy Kearney, designating Lee Gordon as local counsel. (dg) (Entered: 03/14/2011)
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Legal Document (Payment Possibly Required) 58 Filed: 3/11/2011, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: GRANTING 57 Application to Appear Pro Hac Vice by Attorney Lisa Hasselman on behalf of Plaintiffs Christopher Kearney and Nancy Kearney, designating Lee Gordon as local counsel. (dg) (Entered: 03/14/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 3/3/2011, Entered: None
APPLICATION for attorney Lisa M. Hasselman to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8298753 paid.) filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Certificate of Good Standing, # 2 Court Admissions, # 3 Proposed Order)(Gordon, Lee) (Entered: 03/03/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 3/3/2011, Entered: None
APPLICATION for attorney Steve W. Berman to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8298510 paid.) filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Certificate of Good Standing, # 2 Attachment-Court Admissions, # 3 Attachment-Central District pro hac vice Admissions, # 4 Proposed Order)(Gordon, Lee) (Entered: 03/03/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 1/28/2011, Entered: None
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint 53 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Per General Order 10-7: Civil case initiating documents shall be filed, in duplicate, fees paid, and summons issued and served in the traditional manner rather than electronically.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ade) (Entered: 01/28/2011)
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Legal Document (Payment Possibly Required) 54 Filed: 1/25/2011, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (db) (Entered: 01/26/2011)
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Legal Document (Payment Possibly Required) 53 Filed: 1/24/2011, Entered: None
ANSWER to Amended Complaint 30 filed by Defendant Hyundai Motor America.(Taggart, Craig) (Entered: 01/24/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 1/24/2011, Entered: None
NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Defendant Hyundai Motor America (Attachments: # 1 Proposed Order)(Taggart, Craig) (Entered: 01/24/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 1/5/2011, Entered: None Court Filing
ORDER GRANTING STIPULATION REGARDING EXTENSION OF TIME TO ANSWER SECOND AMENDED COMPLAINT by Judge Josephine Staton Tucker. The Court, having considered the parties' Stipulation Regarding Extesnion of Time to Answer Second Amended Complaint 49 , and good cause appearing, IT IS ORDERED as follows: The time for Hyundai Motor America to answer the Second Amended Complaint shall be and hereby is extended up to and including January 24, 2011. (dro) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 50 Filed: 1/5/2011, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: VACATING SCHEDULING CONFERENCE AND SETTING CASE MANAGEMENT DATES: Scheduling Conference set for hearing on January 10, 2011, is VACATED and taken off calendar, and the following dates are set. The Court encourages the parties to focus initial discovery on class certification issues, but does not bifurcate class certification and merits discovery. Discovery Cut-off (Fact and Expert): 11-04-11. Final Pre-Trial Conference (1:30 p.m.): TBD. Jury Trial (9:00 a.m.): TBD. (See document for further details.) (rla) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 49 Filed: 12/30/2010, Entered: None
STIPULATION for Extension of Time to File Answer to January 24, 2011 re Amended Complaint 30 filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Gordinier, Todd) (Entered: 12/30/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 12/28/2010, Entered: None
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 16 days, filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore.. (Wilkins, Amy) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 12/27/2010, Entered: None
STIPULATION for Extension of Time to File JOINT RULE 26(f) REPORT filed by Plaintiff Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION RE EXTENSION OF TIME TO FILE JOINT RULE 26(F) REPORT)(Wilkins, Amy) (Entered: 12/27/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 12/17/2010, Entered: None Court Filing
ORDER by Judge Josephine Staton Tucker: granting in part and denying in part 34 Motion to Dismiss Case. Specifically, the Court DISMISSES Plaintiffs revocation of acceptance claim with prejudice, and DENIES Hyundais Motion to Dismiss Plaintiffs CLRA, UCL, breach of express warranty, and breach of implied warranty of merchantability claims. (twdb) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 12/1/2010, Entered: None
NOTICE of Supplemental Authority filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Exhibit Exhibit A - In Re Toyota Selna Order dated 11-30-10)(Wilkins, Amy) (Entered: 12/01/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 11/18/2010, Entered: None Court Filing
MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: (1) CONTINUING SCHEDULING CONFERENCE FROM NOVEMBER 29, 2010, at 1:30 P.M., to JANUARY 10, 2011, at 1:30 P.M. AND (2) DENYING HYUNDAIS MOTION TO CONTINUE (Doc. 42) AS MOOT. (rla) (Entered: 11/18/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 11/15/2010, Entered: None
JOINT REPORT Rule 26(f) Discovery Plan submitted by Plaintiffs ; estimated length of trial 14 days, filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore.. (Attachments: # 1 Exhibit Exhibit A ESI Protocol)(Wilkins, Amy) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 11/12/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Continue and Postpone Rule 26(f) Report and Scheduling Conference and Stay Discovery filed by Defendant Hyundai Motor America. Motion set for hearing on 12/13/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Taggart, Craig) (Entered: 11/12/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 10/21/2010, Entered: None Court Filing
MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: taking under advisement 34 Motion to Dismiss Case. Before the Court is Defendants motion to dismiss (Doc. 34). The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. R. 7- 15. Accordingly, the hearing set for October 25, 2010, at 10:00 a.m. is removed from the calendar. (ade) (Entered: 10/21/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 10/13/2010, Entered: None
REPLY in support of MOTION to Dismiss Case SECOND AMENDED RULE 23 COMPLAINT 34 filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 9/24/2010, Entered: None
OPPOSITION to MOTION to Dismiss Case SECOND AMENDED RULE 23 COMPLAINT 34 filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Declaration Declaration of Amy M. Wilkins in Support of Plaintiffs' Opposition to HMA Motion to Dismiss Second Amended Complaint, # 2 Exhibit Exhibit 1 to Declaration of Amy M. Wilkins)(Wilkins, Amy) (Entered: 09/24/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 9/21/2010, Entered: None
STIPULATION for Extension of Time to File Response filed by Plaintiff Christopher Kearney. (Attachments: # 1 Proposed Order)(Wilkins, Amy) (Entered: 09/21/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 9/7/2010, Entered: None Court Filing
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine Staton Tucker, Scheduling Conference set for 11/29/2010 at 01:30 PM in Courtroom 10-A before Judge Josephine Staton Tucker (see document for further details). (nca) (Entered: 09/08/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 9/7/2010, Entered: None Court Filing
INITIAL STANDING ORDER by Judge Josephine Staton Tucker For Cases Assigned to Judge Tucker (see document for details). (nca) (Entered: 09/08/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 9/7/2010, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: Pursuant to the Order of the Chief Judge, this matter has been reassigned for all further proceedings from the Hon. David O. Carter, to the calendar of Judge Josephine Staton Tucker, Ronald Reagan Federal Building & United States Courthouse, Courtroom 10A, 411 West Fourth Street, Santa Ana, California. Substitution of the initials JST in place of the initials DOC is necessary on all subsequent filings to prevent problems with electronic filing or delays in processing of documents. The case number shall now read SACV 09-1298-JST(MLGx). The Courtroom Deputy Clerk for Judge Tucker is Ellen Matheson, who can be reached at 714-338-4738. Information regarding Judge Tuckers procedures may be found on the courts website at www.cacd.uscourts.gov > Judges Procedures & Schedules. Counsel's attention is directed to the Courts Initial Standing Order and Order Setting Scheduling Conference filed concurrently with this Minute Order. (nca) (Entered: 09/08/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 8/31/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case SECOND AMENDED RULE 23 COMPLAINT filed by Defendant Hyundai Motor America. Motion set for hearing on 10/25/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Taggart, Craig) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 8/5/2010, Entered: None Court Filing
ORDER OF THE CHIEF JUDGE (#10-088) approved by Judge Audrey B. Collins. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Josephine Staton Tucker, this case is transferred from Judge David O. Carter to the calendar of Judge Josephine Staton Tucker for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV09-01298 JST (MLGx). (ade) (Entered: 08/05/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 7/29/2010, Entered: None
NOTICE of Change of Attorney Information for attorney Craig A Taggart counsel for Defendant Hyundai Motor America. Changing firm name to HOGAN LOVELLS US LLP. Changing email to michael.kidney@hoganlovells.com. Filed by Defendant Hyundai Motor America (Taggart, Craig) (Entered: 07/29/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 7/29/2010, Entered: None
STIPULATION for Extension of Time to File Response as to Amended Complaint 30 filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Taggart, Craig) (Entered: 07/29/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 7/15/2010, Entered: None
SECOND AMENDED COMPLAINT against defendant Hyundai Motor America amending Complaint 1 ,filed by plaintiffs Shari Moore, Nancy Kearney, Christopher Kearney, Charles Moore (db) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 7/8/2010, Entered: None
STIPULATION for Extension of Time to Amend filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order Proposed Order Re Stipulation Re Date to File Second Amended Complaint)(Wilkins, Amy) (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 6/24/2010, Entered: None
STIPULATION for Extension of Time to File Second Amended Complaint filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order [Proposed] Order re Stipulation for Extension of Time to File Second Amended Complaint)(Wilkins, Amy) (Entered: 06/24/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 6/4/2010, Entered: None Court Filing
MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter Granting in Part and Denying in Part Motion to Dismiss Without Prejudice 18 . For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART theMotion WITHOUT PREJUDICE. The Court further notes but does not rule on the administrative defense raised in footnote 10 to HMAs Motion. HMA is free to raise the arguments raised in footnote 10 in a separately filed Motion. The FAC is DISMISSED with leave to amend and Plaintiffs shall file an amended pleading that complies with the terms of this Order within twenty (20) days of the filing of this Order. (db) (Entered: 06/07/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 5/4/2010, Entered: None Court Filing
MINUTES (IN CHAMBERS) ORDER Taking Matter Under Submission by Judge David O. Carter 18 . Before the Court is the following matter, Motion by Defendant to Dismiss First Amended Complaint. The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set May 10, 2010 at 8:30 a.m. is removed from the calendar. Parties will be served with the Courts ruling. (db) (Entered: 05/05/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 4/27/2010, Entered: None
REPLY In Support of MOTION to Dismiss First Amended Complaint 18 filed by Defendant Hyundai Motor America. (Taggart, Craig) (Entered: 04/27/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 4/13/2010, Entered: None
STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order Proposed Order)(Wilkins, Amy) (Entered: 04/13/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 4/2/2010, Entered: None Court Filing
ORDER Granting Stipulation Regarding Revised Hearing Date and Briefing Schedule for Responding and Replying to Hyundai Motor America's Motion to Dismiss First Amended Complaint by Judge David O. Carter. Plaintiffs response to Hyundai Motor Americas Motion to Dismiss shall be filed and served on or before March 30, 2010. Hyundai Motor Americas reply in support of its Motion to Dismiss shall be filed and served on or before April 27, 2010. The hearing on HMAs Motion to Dismiss shall be held on May 10, 2010. (db) (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 3/30/2010, Entered: None
OPPOSITION to MOTION to Dismiss First Amended Complaint 18 filed by Plaintiffs Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Wilkins, Amy) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 3/29/2010, Entered: None
STIPULATION for Hearing re motion to dismiss filed by Plaintiff Christopher Kearney, Nancy Kearney, Charles Moore, Shari Moore. (Attachments: # 1 Proposed Order)(Wilkins, Amy) (Entered: 03/29/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 2/19/2010, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 17 Application to Appear Pro Hac Vice by Attorney Michael L. Kidney on behalf of defendant Hyundai Motor America, designating Todd E. Gordinier as local counsel. (db) (Entered: 02/22/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 2/19/2010, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 7 Application to Appear Pro Hac Vice by Attorney Robert B. Carey on behalf of plaintiffs Christopher Kearney and Nancy Kearney, designating Lee M. Gordon as local counsel. (db) (Entered: 02/22/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 2/19/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by defendant Hyundai Motor America. Motion set for hearing on 4/12/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum in Support of Motion to Dismiss First Amended Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 6)(Gordinier, Todd) (Entered: 02/19/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 2/18/2010, Entered: None
APPLICATION for attorney Michael L. Kidney to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6552684 paid.) filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Gordinier, Todd) (Entered: 02/18/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 2/12/2010, Entered: None Court Filing
ORDER by Judge David O. Carter, GRANTING STIPULATION for Extension of Time to File Answer to February 19, 2010 (More than 30 days) 15 . (ade) (Entered: 02/12/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 2/11/2010, Entered: None
STIPULATION for Extension of Time to File Answer to February 19, 2010 re Amended Complaint 11 filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Taggart, Craig) (Entered: 02/11/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 1/29/2010, Entered: None
NOTICE of Change of Attorney Information for attorney Lee M Gordon counsel for Plaintiffs Christopher Kearney, Charles Moore, Nancy Kearney, Shari Moore. Filed by Plaintiff Lee M Gordon (Gordon, Lee) (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 1/26/2010, Entered: None Court Filing
ORDER Granting Stipulation Regarding Response to First Amended Complaint by Judge David O. Carter. The time for Hyundai Motor America to respond to the First Amended Complaint shall be and hereby is extended up to and including February 12, 2010. (db) (Entered: 01/28/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 1/22/2010, Entered: None
STIPULATION for Extension of Time to File Response to First Amended Complaint filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Taggart, Craig) (Entered: 01/22/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 1/8/2010, Entered: None
FIRST AMENDED COMPLAINT against defendants Hyundai Motor America; Party Hyundai Motor Company terminated amending Complaint 1 ,filed by plaintiffs Charles Moore, Shari Moore, Christopher Kearney, Nancy Kearney (db) (Entered: 01/11/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 12/16/2009, Entered: None
NOTICE of Change of Attorney Information for attorney Craig A Taggart counsel for Defendant Hyundai Motor America. Adding Craig A. Taggart as attorney as counsel of record for Hyundai Motor America for the reason indicated in the G-06 Notice. Filed by Defendant Hyundai Motor America (Taggart, Craig) (Entered: 12/16/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 12/10/2009, Entered: None Court Filing
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Alicemarie H. Stotler, for the reasons set forth on this order. Related Case No. SACV05-00483 AHS (MLGx) (ade) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 12/1/2009, Entered: None Court Filing
ORDER by Judge David O. Carter granting Stipulation to Extend Time to Answer 5 : IT IS ORDERED as follows: The time for Hyundai Motor America to respond to the complaint shall be and hereby is extended up to and including January 8, 2010. (rla) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 12/2/2009, Entered: None
APPLICATION for attorney Robert B. Carey to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Attorney for Plaintiff Christopher Kearney, Nancy Kearney. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Wilkins, Amy) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 12/1/2009, Entered: None
NOTICE of Related Case(s) filed by Defendant Hyundai Motor America. Related Case(s): 05-00483 (Taggart, Craig) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 12/1/2009, Entered: None
STIPULATION for Extension of Time to File Answer to January 8, 2010 re Complaint - (Discovery) 1 filed by Defendant Hyundai Motor America. (Attachments: # 1 Proposed Order)(Gordinier, Todd) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 11/18/2009, Entered: None
PROOF OF SERVICE Executed by Plainitff Christopher Kearney, Nancy Kearney, upon Hyundai Motor America served on 11/11/2009, answer due 12/1/2009. The Summons and Complaint were served by Personal Service service, by Federal Statute statute, upon Dena LaPorta, Process Specialist. Due Dilligence declaration No. Original Summons Not Returned. (Gordon, Lee) (Entered: 11/18/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 11/6/2009, Entered: None
DECLARATION of Christopher Kearney filed by Plaintiffs Christopher Kearney, Nancy Kearney. (twdb) (twdb). (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 11/6/2009, Entered: None
CERTIFICATION AND NOTICE of Interested Parties filed by plaintiffs Christopher Kearney, Nancy Kearney, (twdb) (twdb). (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 11/6/2009, Entered: None
COMPLAINT against defendants Hyundai Motor Company, Hyundai Motor America.(Filing fee $ 350 paid) jury demand., filed by plaintiff Christopher Kearney, Nancy Kearney.(twdb) (Additional attachment(s) added on 11/12/2009: # 1 summons) (twdb). (Entered: 11/12/2009)
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Blank 70 Filed: 7/11/2012, Entered: None Court Filing
(In Chambers) ORDER TO SHOW CAUSE by Judge Josephine Staton Tucker, ISSUING ORDER TO SHOW CAUSE FOR FAILURE TO PROSECUTE: On October 27, 2011, this Court stayed this action for forty-five days pending finalization of a settlement agreement. (Doc. 69. ) Since that date the parties have failed to take any action in this matter. The Court orders the parties to show cause, within five days of the issuance of this Order, why this action should not be dismissed for failure to prosecute. Failure to timely respond will result in immediate dismissal. (rla)
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