Ballew v. VW Credit

Federal Civil Lawsuit California Northern District Court, Case No. 3:16-cv-01829
District Judge Charles R. Breyer, presiding
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District Judge Charles R. Breyer
Last Updated June 27, 2026 at 8:53 PM EDT (2.6 weeks ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [4F6640E], Plaintiff

Represented by BECHTOLD LAW FIRM

Name Phone Fax E-Mail
Space Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net

Represented by BISHOP AND HEENAN

Name Phone Fax E-Mail
Space John Heenan +1 406 839 9091 +1 406 839 9092 john@bishopandheenan.com
No Logo Will Ballew, Plaintiff

Represented by BECHTOLD LAW FIRM

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net
Space Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net

Represented by Gardner Cornell, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Heenan +1 406 839 9091 +1 406 839 9092 john@bishopandheenan.com
v.
No Logo VW Credit, Defendant

Represented by BROWNING, et al.

Name Phone Fax E-Mail
Space Mark D. Etchart +1 406 443 6820 +1 406 443 6883 mark@bkbh.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark D. Etchart +1 406 443 6820 +1 406 443 6883 mark@bkbh.com

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Marc Albert Lackner +1 415 844 1974 +1 415 391 8269 mlackner@mcguirewoods.com
Space Marc Albert Lackner +1 415 844 1974 +1 415 391 8269 mlackner@mcguirewoods.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required)  Filed: 10/14/2015, Entered: None Unknown Document Type
Filing fee: $ 400.00, receipt number 0977-1663093 (ELL, )
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Legal Document (Payment Possibly Required) 27 Filed: 11/7/2016, Entered: 11/7/2016 Court Filing
Transcript of Proceedings held on 11/03/2016, before Judge Charles R. Breyer. Court Reporter Rhonda Aquilina, rhondaaquilina@aol.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (2151 in 3:15-md-02672-CRB) Transcript Order, (2146 in 3:15-md-02672-CRB) Transcript Order ) Release of Transcript Restriction set for 2/6/2017. (Aquilina, Rhonda) (Filed on 11/7/2016) (Entered: 11/07/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 4/8/2016, Entered: 4/8/2016
Case transferred in from District of Montana; Case Number 9:15-cv-00133. Original file certified copy of transfer order and docket sheet received. (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 4/8/2016, Entered: 4/8/2016
Transfer Order (MDL) from Northern District of California requesting transfer of action. Entire case file sent to requesting District. (ASG, ) (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 4/7/2016, Entered: 4/8/2016
Receipt of Panel transfer order. Awaiting certified copy of order from Transferee Court. (ASG, ) (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 12/11/2015, Entered: 12/11/2015
STATUS REPORT Re Multidistrict Proceeding by VW Credit. (Attachments: # 1 Exhibit Conditional Transfer Order) (Etchart, Mark) (Entered: 12/11/2015)
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Legal Document (Payment Possibly Required) 22 Filed: 11/6/2015, Entered: 11/6/2015 Court Filing
ORDER granting 17 Motion to Stay. The November 19, 2015, hearing on Plaintiff's motions is VACATED. All expedited briefing schedules in this matter are VACATED. Defendant shall immediately notify this Court upon the JPML's decision to transfer this case. Signed by Judge Dana L. Christensen on 11/6/2015. (ASG, ) (Entered: 11/06/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 11/5/2015, Entered: 11/5/2015
RESPONSE to Motion re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by VW Credit. (Etchart, Mark) (Entered: 11/05/2015)
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Legal Document (Payment Possibly Required) 20 Filed: 11/4/2015, Entered: 11/4/2015
RESPONSE to Motion re 14 MOTION for Extension of Time to File Response/Reply Extend Hearing & Briefing Schedule filed by Will Ballew. (Bechtold, Timothy) (Entered: 11/04/2015)
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Legal Document (Payment Possibly Required) 19 Filed: 11/4/2015, Entered: 11/4/2015
RESPONSE to Motion re 17 MOTION to Stay Pending Transfer to Multidistrict Proceeding and to Vacate Hearing filed by Will Ballew. (Attachments: # 1 D.N.D. Order, # 2 D. Va. Docket Sheet, # 3 D. Va. Hearing Transcript) (Bechtold, Timothy) (Entered: 11/04/2015)
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Legal Document (Payment Possibly Required) 18 Filed: 11/2/2015, Entered: 11/2/2015
Brief/Memorandum in Support re 17 MOTION to Stay Pending Transfer to Multidistrict Proceeding and to Vacate Hearing filed by VW Credit. (Etchart, Mark) (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 11/2/2015, Entered: 11/2/2015
MOTION to Stay Pending Transfer to Multidistrict Proceeding and to Vacate Hearing Mark D. Etchart appearing for Defendant VW Credit (Etchart, Mark) (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 11/2/2015, Entered: 11/2/2015
NOTICE by VW Credit of Related Action (Attachments: # 1 Exhibit MDL Notice) (Etchart, Mark) (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 10/30/2015, Entered: 10/30/2015
Brief/Memorandum in Support re 14 MOTION for Extension of Time to File Response/Reply Extend Hearing & Briefing Schedule filed by VW Credit. (Etchart, Mark) (Entered: 10/30/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 10/30/2015, Entered: 10/30/2015
MOTION for Extension of Time to File Response/Reply Extend Hearing & Briefing Schedule Mark D. Etchart appearing for Defendant VW Credit (Attachments: # 1 Text of Proposed Order) (Etchart, Mark) (Entered: 10/30/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 10/30/2015, Entered: 10/30/2015 Court Filing
ORDER granting 11 Motion to Appear Pro Hac Vice - Marc Lackner for Defendant VW Credit. Signed by Judge Dana L. Christensen on 10/30/2015. (ASG, ) (Entered: 10/30/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 10/30/2015, Entered: 10/30/2015 Court Filing
ORDER Setting Hearing on Motion 7 MOTION to Certify Class: Motion Hearing set for 11/19/2015 at 10:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. SEE the Order for expedited briefing schedule. Signed by Chief Judge Dana L. Christensen on 10/30/2015. (dle) (Entered: 10/30/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 10/29/2015, Entered: 10/29/2015
Unopposed MOTION Marc A. Lackner to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1672435.) Mark D. Etchart appearing for Defendant VW Credit (Attachments: # 1 Affidavit Affidavit of Marc Lackner in Support of Motion, # 2 Text of Proposed Order proposed order) (Etchart, Mark) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 10/23/2015, Entered: 10/23/2015
Corporate Disclosure Statement by VW Credit. (Etchart, Mark) (Entered: 10/23/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 10/23/2015, Entered: 10/23/2015
NOTICE of Appearance by Mark D. Etchart on behalf of VW Credit (Etchart, Mark) (Entered: 10/23/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 10/22/2015, Entered: 10/22/2015
Brief/Memorandum in Support re 7 MOTION to Certify Class filed by Will Ballew. (Bechtold, Timothy) (Entered: 10/22/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 10/22/2015, Entered: 10/22/2015
MOTION to Certify Class Timothy M. Bechtold appearing for Plaintiff Will Ballew (Bechtold, Timothy) (Entered: 10/22/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 10/20/2015, Entered: 10/20/2015 Court Filing
ORDER: Plaintiff's motion for a temporary restraining order is DENIED without prejudice. Further Ordered: Motion Hearing set for 11/19/2015 at 10:00 AM in Missoula, MT before Judge Dana L. Christensen on 3 Motion for Preliminary Injunction. Further Ordered that the following expedited briefing schedule shall apply: Defendant shall file a response brief no later than November 5, 2015. Plaintiff shall file a reply brief no later than November 12, 2015. Signed by Judge Dana L. Christensen on 10/20/2015. (ASG, ) Modified on 10/28/2015: CONTRACT COURT REPORTER MARY SULLIVAN (ASG, ). (Entered: 10/20/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 10/19/2015, Entered: 10/19/2015
Brief/Memorandum in Support re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Will Ballew. (Attachments: # 1 Exhibit VW Letter, # 2 Exhibit VW Press Release, # 3 Exhibit VW Board Statement, # 4 Exhibit VW Horn Testimony, # 5 Exhibit Ballew Contract, # 6 Exhibit Dealer Article) (Bechtold, Timothy) (Entered: 10/19/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 10/19/2015, Entered: 10/19/2015
AFFIDAVIT in Support re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Will Ballew. (Bechtold, Timothy) (Entered: 10/19/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 10/19/2015, Entered: 10/19/2015
MOTION for Temporary Restraining Order and/or Preliminary Injunction Timothy M. Bechtold appearing for Plaintiff Will Ballew (Bechtold, Timothy). Added MOTION for Preliminary Injunction on 10/20/2015. (ASG, ). (Entered: 10/19/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 10/14/2015, Entered: 10/14/2015
Summons Issued as to VW Credit. (Original sent to cnsl for service) (ELL, ) (Entered: 10/14/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 10/14/2015, Entered: 10/14/2015
COMPLAINT against VW Credit, filed by Will Ballew. (Attachments: # 1 Civil Cover Sheet) (ELL, ) (Entered: 10/14/2015)
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